Business Memo Template
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
I'm writing to inform you that [reason for writing memo].
As our company continues to grow … [evidence or reason to support your opening paragraph].
Please let me know if you have any questions. In the meantime, I'd appreciate your cooperation as [official business information] takes place.
Header:
In your header, you'll want to clearly label your content "Memorandum" so your readers know exactly they're receiving. Then, you'll want to include "TO", "FROM", "DATE", and "SUBJECT". This information is relevant for providing content, like who you're addressing, and why.
Paragraph One:
In the first paragraph, you'll want to quickly and clearly state the purpose of your memo. You might begin your sentence with the phrase, "I'm writing to inform you … " or "I'm writing to request ... ". A memo is meant to be short, clear, and to-the-point. You'll want to deliver your most critical information upfront, and then use subsequent paragraphs as opportunities to dive into more detail.
Paragraph Two:
In the second paragraph, you'll want to provide context or supporting evidence. For instance, let's say your memo is informing the company of an internal re-organization. If this is the case, paragraph two should say something like, "As our company continues to grow, we've decided it makes more sense to separate our video production team from our content team. This way, those teams can focus more on their individual goals."
Paragraph Three:
In the third paragraph, you'll want to include your specific request of each employee -- if you're planning a team outing, this is the space you'd include, "Please RSVP with dietary restrictions," or "Please email me with questions."
On the contrary, if you're informing staff of upcoming construction to the building, you might say, "I'd appreciate your cooperation during this time." Even if there isn't any specific action you expect from employees, it's helpful to include how you hope they'll handle the news and whether you expect them to do something in response to the memo.
V ie w s fro m t h e B e n c h
Understanding the 14th Amendment
Editor’s Note: The following short essays appeared in the Law Day special edition sponsored by the Utah State Bar; the Utah
Judiciary, and the Utah Commission on Civic & Character Education. The special edition was included in the print version of
Utah's leading newspapers. Although written with a lay audience in mind, these essays contain worthwhile messages, and we
reprint them here, with the authors' permission, in case any o f our readers missed them.
Bending Toward Justice
by Judge J. Frederic Voros, Jr., Presiding Judge, Utah Court o f Appeals
T w i c e in the last month - once in a
law office and once in an art museum - 1
saw a print of a 1963 painting by
Norman Rockwell. He called it “The
Problem We All Live With.” It depicts a
six-year-old girl walking to school. Two
deputy U.S. marshals w.
Teaching the bill of rights : visitor from outer spaceadeebanaseem687
This document provides materials for a lesson on teaching the Bill of Rights using a hypothetical scenario of a visitor from outer space taking over the world. The lesson asks students to work in groups to decide which five rights from the Bill of Rights are most important to keep if only allowed to choose five. It begins with background on Constitutional Rights Foundation and the lesson's objectives. It then describes the scenario where the alien gives humans a choice of five rights to keep. It provides context on the Revolutionary War and writing of the Constitution and Bill of Rights. The lesson concludes with students deliberating in groups to choose the five most important rights.
[2] Alex de Waal describes the ideas of Thomas Malthus (1766 –1834.docxgerardkortney
[2] Alex de Waal describes the ideas of Thomas Malthus (1766 –1834) as getting in the way of a proper understanding of the causes of famines and the proper actions to take in order to avoid them. (Sen and Keneally agree with this position.) Explain what is wrong with Malthus’ ideas here and how belief in them leads or has led to bad outcomes. Consider and respond to the more significant objection to your line of thought.
Southern Manifesto (1956)
Following the Supreme Court decision in the case of Brown v. Board of Education, all but
twenty-six of the 138 southern members of Congress signed this Southern Manifesto. The
document denounced the court's decision as a "clear abuse of power" and encouraged
southerners and their representatives to resist desegregation by "any lawful means." Throughout
the South, schools were shut down rather than desegregated, white students were offered
vouchers for alternative, private schooling, and militant symbols of segregation like the
Confederate battle flag were introduced into state flags and over state capitols. As you read the
manifesto, consider what principles these representatives felt had been violated by the court.
How did they try to reconcile the practice of racial segregation in education with the American
ideal of freedom and equality?
THE DECISION OF THE SUPREME COURT IN THE SCHOOL CASES – DECLARATION
OF CONSTITUTIONAL PRINCIPLES
Mr. [Walter F.] GEORGE. Mr. President, the increasing gravity of the situation following the
decision of the Supreme Court in the so-called segregation cases, and the peculiar stress in
sections of the country where this decision has created many difficulties, unknown and
unappreciated, perhaps, by many people residing in other parts of the country, have led some
Senators and some Members of the House of Representatives to prepare a statement of the
position which they have felt and now feel to be imperative.
I now wish to present to the Senate a statement on behalf of 19 Senators, representing 11
States, and 77 House Members, representing a considerable number of States likewise. . . .
DECLARATION OF CONSTITUTIONAL PRINCIPLES
The unwarranted decision of the Supreme Court in the public school cases is now bearing the
fruit always produced when men substitute naked power for established law.
The Founding Fathers gave us a Constitution of checks and balances because they realized the
inescapable lesson of history that no man or group of men can be safely entrusted with unlimited
power. They framed this Constitution with its provisions for change by amendment in order to
secure the fundamentals of government against the dangers of temporary popular passion or the
personal predilections of public officeholders.
We regard the decisions of the Supreme Court in the school cases as a clear abuse of judicial
power. It climaxes a trend in the Federal Judiciary undertaking to legislate, in derogation of the
authority of.
This document provides an overview of equal protection and civil rights under the US Constitution. It discusses key Supreme Court cases that have shaped equal protection law, such as Loving v. Virginia which ruled against laws banning interracial marriage, and Brown v. Board of Education which ended racial segregation in public schools. The document also examines how equal protection has expanded over time to prohibit discrimination based on sex and other attributes. While progress has been made, it concludes that more work remains to fully achieve equal treatment under law for all Americans.
Thurgood Marshall gave a speech in 1987 during the bicentennial celebration of the US Constitution. While others praised the founding fathers, Marshall pointed out that the original constitution was defective and required amendments like ending slavery and granting voting rights to women. He argued the constitution's meaning has evolved over time under principles of equality, in contrast to its original intent to uphold slavery and exclude rights for minorities and women. The compromises made by the framers to allow the slave trade had long lasting negative effects and contradicted the principles of liberty and justice for all.
The document discusses the fundamental characteristics of a constitutional government, specifically addressing how it means limited government and describing three provisions in the US Constitution that prevent abuse of power. These provisions are checks and balances, higher law, and the Bill of Rights. Checks and balances like congressional override of presidential vetoes limit each branch. Higher law establishes that the government must obey the Constitution in limiting individual rights. The Bill of Rights secures citizens' rights and limits government power over them. These provisions effectively limit government power today.
The U.S. Constitution Essay
The British Constitution Essay example
Essay about The Constitution
Essay on US Constitution
Essay about Constitutional Democracy
Essay on US Constitution
US Constitution Essay
Essay about Constitution Rights
- Marbury v Madison (1803) established the principle of judicial review, allowing courts to invalidate laws that are unconstitutional.
- McCulloch v Maryland (1819) affirmed Congress's broad implied powers under the Necessary and Proper Clause.
- Gibbons v Ogden (1824) expanded Congress's power under the Commerce Clause to regulate interstate economic activity.
Teaching the bill of rights : visitor from outer spaceadeebanaseem687
This document provides materials for a lesson on teaching the Bill of Rights using a hypothetical scenario of a visitor from outer space taking over the world. The lesson asks students to work in groups to decide which five rights from the Bill of Rights are most important to keep if only allowed to choose five. It begins with background on Constitutional Rights Foundation and the lesson's objectives. It then describes the scenario where the alien gives humans a choice of five rights to keep. It provides context on the Revolutionary War and writing of the Constitution and Bill of Rights. The lesson concludes with students deliberating in groups to choose the five most important rights.
[2] Alex de Waal describes the ideas of Thomas Malthus (1766 –1834.docxgerardkortney
[2] Alex de Waal describes the ideas of Thomas Malthus (1766 –1834) as getting in the way of a proper understanding of the causes of famines and the proper actions to take in order to avoid them. (Sen and Keneally agree with this position.) Explain what is wrong with Malthus’ ideas here and how belief in them leads or has led to bad outcomes. Consider and respond to the more significant objection to your line of thought.
Southern Manifesto (1956)
Following the Supreme Court decision in the case of Brown v. Board of Education, all but
twenty-six of the 138 southern members of Congress signed this Southern Manifesto. The
document denounced the court's decision as a "clear abuse of power" and encouraged
southerners and their representatives to resist desegregation by "any lawful means." Throughout
the South, schools were shut down rather than desegregated, white students were offered
vouchers for alternative, private schooling, and militant symbols of segregation like the
Confederate battle flag were introduced into state flags and over state capitols. As you read the
manifesto, consider what principles these representatives felt had been violated by the court.
How did they try to reconcile the practice of racial segregation in education with the American
ideal of freedom and equality?
THE DECISION OF THE SUPREME COURT IN THE SCHOOL CASES – DECLARATION
OF CONSTITUTIONAL PRINCIPLES
Mr. [Walter F.] GEORGE. Mr. President, the increasing gravity of the situation following the
decision of the Supreme Court in the so-called segregation cases, and the peculiar stress in
sections of the country where this decision has created many difficulties, unknown and
unappreciated, perhaps, by many people residing in other parts of the country, have led some
Senators and some Members of the House of Representatives to prepare a statement of the
position which they have felt and now feel to be imperative.
I now wish to present to the Senate a statement on behalf of 19 Senators, representing 11
States, and 77 House Members, representing a considerable number of States likewise. . . .
DECLARATION OF CONSTITUTIONAL PRINCIPLES
The unwarranted decision of the Supreme Court in the public school cases is now bearing the
fruit always produced when men substitute naked power for established law.
The Founding Fathers gave us a Constitution of checks and balances because they realized the
inescapable lesson of history that no man or group of men can be safely entrusted with unlimited
power. They framed this Constitution with its provisions for change by amendment in order to
secure the fundamentals of government against the dangers of temporary popular passion or the
personal predilections of public officeholders.
We regard the decisions of the Supreme Court in the school cases as a clear abuse of judicial
power. It climaxes a trend in the Federal Judiciary undertaking to legislate, in derogation of the
authority of.
This document provides an overview of equal protection and civil rights under the US Constitution. It discusses key Supreme Court cases that have shaped equal protection law, such as Loving v. Virginia which ruled against laws banning interracial marriage, and Brown v. Board of Education which ended racial segregation in public schools. The document also examines how equal protection has expanded over time to prohibit discrimination based on sex and other attributes. While progress has been made, it concludes that more work remains to fully achieve equal treatment under law for all Americans.
Thurgood Marshall gave a speech in 1987 during the bicentennial celebration of the US Constitution. While others praised the founding fathers, Marshall pointed out that the original constitution was defective and required amendments like ending slavery and granting voting rights to women. He argued the constitution's meaning has evolved over time under principles of equality, in contrast to its original intent to uphold slavery and exclude rights for minorities and women. The compromises made by the framers to allow the slave trade had long lasting negative effects and contradicted the principles of liberty and justice for all.
The document discusses the fundamental characteristics of a constitutional government, specifically addressing how it means limited government and describing three provisions in the US Constitution that prevent abuse of power. These provisions are checks and balances, higher law, and the Bill of Rights. Checks and balances like congressional override of presidential vetoes limit each branch. Higher law establishes that the government must obey the Constitution in limiting individual rights. The Bill of Rights secures citizens' rights and limits government power over them. These provisions effectively limit government power today.
The U.S. Constitution Essay
The British Constitution Essay example
Essay about The Constitution
Essay on US Constitution
Essay about Constitutional Democracy
Essay on US Constitution
US Constitution Essay
Essay about Constitution Rights
- Marbury v Madison (1803) established the principle of judicial review, allowing courts to invalidate laws that are unconstitutional.
- McCulloch v Maryland (1819) affirmed Congress's broad implied powers under the Necessary and Proper Clause.
- Gibbons v Ogden (1824) expanded Congress's power under the Commerce Clause to regulate interstate economic activity.
Business UseWeek 1 Assignment #1Instructions1. Plea.docxfelicidaddinwoodie
Business Use
Week 1: Assignment #1
Instructions
1. Please read these two articles:
· Using forensics against a fitbit device to solve a murder: https://www.cbsnews.com/news/the-fitbit-alibi-21st-century-technology-used-to-help-solve-wisconsin-moms-murder/
· How Amazon Echo could be forensically analyzed! https://www.theverge.com/2017/1/6/14189384/amazon-echo-murder-evidence-surveillance-data
2. Then go around in your residence / dwelling (home, apartment, condo, etc) and be creative.
3. Identify at least five appliances or devices that you THINK could be forensically analyzed and then identify how this might be useful in an investigation. Note - do not count your computer or mobile device. Those are obvious!
4. I expect at least one paragraph answer for each device.
Why did I assign this?
The goal is to have you start THINKING about how any device, that is capable of holding electronic data (and transmitting to the Internet) could be useful in a particular investigation!
Due Date
This is due by Sunday, May 10th at 11:59PM
Surname 6
Informative speech on George Stinney Jr.
A. Info research analysis
The general purpose of the speech was to inform people about the civil injustice being done against the African American community in the United States. The specific purpose of the speech was to portray to the audience how an innocent 14-year old black boy suffered in the hands of the South Carolina State law enforcing officers. He was falsely accused of killing two white girls and electrocuted within two months after conviction.
I decided the topic of my speech after perusing through all the suggested topics ad found that the story of George Stinney Jr. was touching and emotional entirely.
This topic benefits the audience and the society in general by giving them an insight of the cruelty that the American law system has against the African American community. The audience gets to know how the shady investigations were done with claims that George had pleaded guilty to the charges of murder when there was no real evidence tying him to the crime or a signed plea agreement.
The alternative view that I found in the research was the version of the investigating officer of the case who claimed that the 14-year old boy managed to kill two girls aged 11 and 7 with a blunt object and ditch them in a nearby trench. This alternative point of view did not make sense because it is hard for a 14-year old boy to use the force that was reported by postmortem results to kill the girls. Therefore, I knew everything was a lie and I had to take the point of view of George’s innocence.
B. informative outline
Introduction:
George Stinney Jr. was an African American boy born on October 21, 1929 in Pinewood, South Carolina, U.S. He is considered as the youngest person to be executed by the United State government in 20th century.
Main body
Investigations of the alleged crimes (Bickford, 05)
The investigations concerning the alleged crimes of George S.
Business UsePALADIN ASSIGNMENT ScenarioYou are give.docxfelicidaddinwoodie
Business Use
PALADIN ASSIGNMENT
Scenario:
You are given a PC and you are faced with this scenario: you don’t know the password to the PC which means you can’t login so you can use a forensic tool like FTK IMAGER to capture the hard drive as a bit-for-bit forensic image AND/OR
1. The hard drive is either soldiered onto the motherboard (there are some new hard drives like this!) or cannot be removed because the screws are stripped (this has happened to me);
2. Even if you figured out the password or got an admin password the PC may have its USB ports blocked via a GPO policy (this is very common in corporations now);
3. Even if you can get the GPO policy overridden you may have some concerns about putting it on the network (which is true especially if you are dealing with malware).
So what you can you do? The best solution is to boot the PC up into forensically sound environment that lets you bypass the password aspect; GPO policy; etc and take a bit-for-bit image. One software that has done the job very well for me is Paladin.
How to get points
If you can send me a screenshot showing me that you had installed Paladin .ISO and made your USB device a bootable device with Paladin using Rufus then you get 10 points.
If you can send me a screenshot showing that you had a chance to boot your computer into Paladin then you will earn an extra 10 points. It is not necessary for you to take a forensic image of your PC but I have included generic instructions here.
Assumptions:
1. You have downloaded Rufus on your computer
2. You have downloaded Paladin on your computer.
Instructions:
1. Make sure you have at least one USB drive.
2. If not down already, download Rufus from https://rufus.ie/.
3. If not done already, download the Paladin ISO image from this website: https://sumuri.com/product/paladin-64-bit-version-7/ which is free. It’s suggested price is $25.00 but you can adjust the price to $0 then order. To be clear – do not pay anything.
4. Insert the USB device in your computer.
5. Run Rufus where you install the Paladin .ISO file on the USB device and make it bootable. Now I could provide you step by step instructions, but this is a Masters class so I want you to explore a bit and figure this out. One good video is this: https://www.youtube.com/watch?v=V6JehM0WDTI.
6. After you are done using Rufus where you have installed Paladin.ISO on the USB device and made it bootable then make sure the USB device is in the PC.
7. Restart your PC. Press F9(HP) laptop) or F12 (Dell laptop) so you can be taken into the BIOS bootup menu.
8. This is where things get a bit tricky e.g. your compute may be configured differently where you have to adjust your BIOS settings. If you do not feel comfortable doing this then stop here. I do not want you to mess up your computer. You have already earned ten extra points!
9. If you still proceed then you will see a list of bootable devices. You may, for example, see a list of devices. Pick the device .
Business UsePractical Connection WorkThis work is a writte.docxfelicidaddinwoodie
Business Use
Practical Connection Work
This work is a written assignment where students will demonstrate how this course research has connected and been put into practice within their own career.
Assignment:
Provide a reflection of at least 500 words of how the knowledge, skills, or theories of this course, to date, have been applied, or could be applied, in a practical manner to your current work environment.
If you are not currently working, then this is where you can be creative and identify how you THINK this could be applied to an employment opportunity in your field of study.
Requirements:
Provide a 500 word minimum reflection.
Use of proper APA formatting and citations. If supporting evidence from outside resources is used those must be properly cited.
Share a personal connection that identifies specific knowledge and theories from this course.
You should NOT provide an overview of the assignments given in the course. Reflect and write about how the knowledge and skills obtained through meeting course objectives were applied or could be applied in the workplace.
// Pediatric depressionTherapy for Pediatric Clients with Mood Disorders
An African American Child Suffering From Depression
BACKGROUND INFORMATION
The client is an 8-year-old African American male who arrives at the ER with his mother. He is exhibiting signs of depression.
Client complained of feeling “sad” Mother reports that teacher said child is withdrawn from peers in class Mother notes decreased appetite and occasional periods of irritation Client reached all developmental landmarks at appropriate ages Physical exam unremarkable Laboratory studies WNL Child referred to psychiatry for evaluation Client seen by Psychiatric Nurse Practitioner
MENTAL STATUS EXAM
Alert & oriented X 3, speech clear, coherent, goal directed, spontaneous. Self-reported mood is “sad”. Affect somewhat blunted, but child smiled appropriately at various points throughout the clinical interview. He denies visual or auditory hallucinations. No delusional or paranoid thought processes noted. Judgment and insight appear to be age-appropriate. He is not endorsing active suicidal ideation, but does admit that he often thinks about himself being dead and what it would be like to be dead.
The PMHNP administers the Children's Depression Rating Scale, obtaining a score of 30 (indicating significant depression)
RESOURCES
§ Poznanski, E., & Mokros, H. (1996). Child Depression Rating Scale--Revised. Los Angeles, CA: Western Psychological Services.
Decision Point OneSelect what the PMHNP should do:Begin Zoloft 25 mg orally daily
Begin Paxil 10 mg orally daily
Begin Wellbutrin 75 mg orally BID
.
Business System Analyst
SUMMARY:
· Cognos Business In experience intelligence with expertise in Software Design, Development, and Analysis, Teradata, Testing, Data Warehouse and Business Intelligence tools.
· Expertise in Cognos 11/10.2, 10.1, 8.x (Query Studio, Report Studio, Analysis Studio, Business Insight/Workspace, Business Insight/Workspace Advanced, Metric Studio (Score carding), Framework Manager, Cognos Connection)
· Expertise in Installation and Configuration of Cognos BI Products in Distributed environment on Windows
· Expertise with Framework Manager Modeling (Physical Layer, Business Layer, Packages) and Complex Report building with Report Studio.
· Expertise developing complex reports using drill-through reports, prompts, dashboards, master-detail, burst-reports, dynamic filtering in Cognos.
· Expertise in creating Dashboard reports using Java Script in Report studio.
· Expertise in building scorecard reports and dashboard reports using metric studio.
· Expertise with Transformer models and cubes that were used in Power play analysis and also these cubes were used in various Analysis Studio reports.
· Expertise with MDX Functions in Report Studio using Multi-dimensional Sources.
· Expertise with Cognos security (LDAP, Active Directory, Access manager, object level security, data security).
· Expertise with Tabbed Inter-phases and with Interactive Behavior of value based chart highlighting.
· Sound Skills in developing SQL Scripts, PL/SQL Stored Procedures, functions, packages.
· Expertise on production support and troubleshoot/test issues with existing reports and cubes.
· Experienced with MS SQL Server BI Tools like SSIS, SSRS and SSAS.
· Expertise in creation of packages, Data and Control tasks, Reports and Cubes using MS SQL Server BI Tools.
· Ability to translate business requirements into technical specifications and interact with end users to gather requirements for reporting.
· Good understanding of business process in Financial, Insurance and Healthcare areas.
· Expertise in infrastructure design for the cognos environment and security setup for different groups as per business requirement.
· Creating training material on all the Ad-Hoc training
· Expertise in all the basic administrative tasks like deployments, routing rule setup’s , user group setup , folder level securities etc.
· Have deployment knowledge of IBM Cognos report in Application servers like WAS.
· Have knowledge on handling securities and administration functionalities on IBM Cognos 10.x
· Good work ethics, detail oriented, fast learner, team oriented, flexible and adaptable to all kinds of stressful environments. Possess excellent communication and interpersonal skills.
Technical Skills:
BI Platform
Cognos 11,10.2, 10.1, 8.x (Query Studio, Report Studio, Analysis Studio, Business Insight/Workspace, Business Insight/Workspace Advanced, Metric Studio (Score carding), Framework Manager, Cognos Connection)
Data Base
MS Access, MS SQL Server, Orac.
Business StrategyOrganizations have to develop an international .docxfelicidaddinwoodie
Business Strategy
Organizations have to develop an international Human Resources Management Strategy, when they expand globally. Which do you think is more critical for international Human Resource Management:
Understanding the cultural environment, or
Understanding the political and legal environment?
Please choose 1 position and give a rationale; examples are also a way to demonstrate your understanding of the learning concepts.
.
Business StrategyGroup BCase Study- KFC Business Analysis.docxfelicidaddinwoodie
Business Strategy
Group B
Case Study- KFC Business Analysis
Abstract
Introduced in 1952 by Colonel Sanders
Second largest restaurant chain today in terms of popularity
Annual revenue of $23 billion
Diversified its menu to suit cultural needs of people across different countries
Hindering factors in KFC’s growth are growing consumer health consciousness, animal welfare criticism, environmental criticism
Introduction
KFC was born in 1952 and its founder was Colonel Sanders
First franchise to grow globally over international market
By the 1960s – 1980s the market was booming in countries like England, Mexico, China
Management and ownership transferred over the years to Heublin, Yum Brands and PepsiCo.
Annual revenue of $23 billion in 2013
KFC had expanded its menu to suit cultural needs of people across different countries
Hindering factors in KFC’s growth are growing consumer health consciousness, animal welfare criticism, environmental criticism, logistic management issue in UK, cultural differences in Asian countries towards accepting the fried chicken menu.
Factors contributing to KFC’s global success
The core reason for KFCs success is it’s mandate to follow strict franchise protocols that have continuously satisfied customers demands:
The quality of the chicken cooked in KFC has certain specific guidelines
The size of the restaurant should be 24x60 feet.
The restaurant washrooms and ktichen has certain cleanliness standards
Food that is not sold off needs to be trashed
The workers need to have a specific clothing and uniform.
A certain % of the gross earnings should be used for advertisement and R&D
Air conditioning is mandatory in the outlets
Global number of KFC restaurants in the past decade
Importance of cultural factors to KFC’s sales success in India and China
Culture is the collective programming of the human mind that distinguishes the members of one human group from those of another. Culture in this sense is a system of collectively held values
“Culture is everything that people have, think, and do as members of their society”, which demonstrating that culture is made up of (1) material objects; (2) ideas, values, attitudes and beliefs; and (3) specified, or expected behavior.
Many scholars have theorized and studied the notion of cross-cultural adaptation, which tends to move from one culture to another one, by learning the elements such as rules, norms, customs, and language of the new culture (Oberg 1960, Keefe and Padilla 1987, Kealey 1989). According to Ady (1995),
“Cultural adaptation is the evolutionary process by which an individual modifies his personal habits and customs to fit into a particular culture. It can also refer to gradual changes within a culture or society that occur as people from different backgrounds participating in the culture and sharing their perspectives and practices.”
Cultural factors in India that go against KFC’s original recipe.
.
Business Strategy Differentiation, Cost Leadership, a.docxfelicidaddinwoodie
This document discusses various concepts related to business strategy and competitive advantage. It begins by defining a business-level strategy and outlining the "who, what, why, and how" of competing for advantage. It then discusses how industry and firm effects jointly determine competitive advantage. Key ideas around generating and sustaining advantage through barriers to imitation are presented. The document also discusses concepts like differentiation advantage, cost leadership, learning curves, economies of scale, value chains, and the resource-based view of the firm. Strategic coherence and dynamic strategic activity systems are defined.
Business RequirementsReference number Document Control.docxfelicidaddinwoodie
Business Requirements
Reference number:
Document Control
Change Record
Date
Author
Version
Change Reference
Reviewers
Name
Position
Table of Contents
2Document Control
1
Business Requirements
4
1.1
Project Overview
4
1.2
Background including current process
4
1.3
Scope
4
1.3.1
Scope of Project
4
1.3.2
Constraints and Assumptions
5
1.3.3
Risks
5
1.3.4
Scope Control
5
1.3.5
Relationship to Other Systems/Projects
5
1.3.6
Definition of Terms (if applicable)
5
1 Business Requirements
1.1 Project Overview
Provide a short, yet complete, overview of the project.
1.2 Background including current process
Describe the background to the project, (same section may be reused in the Quality Plan) include:
This project is
The project goal is to
The IT role for this project is
1.3 Scope
1.3.1 Scope of Project
The scope of this project includes a number of areas. For each area, there should be a corresponding strategy for incorporating these areas into the overall project.
Applications
In order to meet the target production date, only these applications will be implemented:
Sites
These sites are considered part of the implementation:
Process Re-engineering
Re-engineering will
Customization
Customizations will be limited to
Interfaces
the interfaces included are:
Architecture
Application and Technical Architecture will
Conversion
Only the following data and volume will be considered for conversion:
Testing
Testing will include only
Funding
Project funding is limited to
Training
Training will be
Education
Education will include
1.3.2 Constraints and Assumptions
The following constraints have been identified:
The following assumptions have been made in defining the scope, objectives and approach:
1.3.3 Risks
The following risks have been identified as possibly affecting the project during its progression:
1.3.4 Scope Control
The control of changes to the scope identified in this document will be managed through the Change Control, with business owner representative approval for any changes that affect cost or timeline for the project.
1.3.5 Relationship to Other Systems/Projects
It is the responsibility of the business unit to inform IT of other business initiatives that may impact the project. The following are known business initiatives:
1.3.6 Definition of Terms (if applicable)
List any definitions that will be used throughout the duration of the project.
5
A working structure is the fundamental programming that bargains with all the mechanical social affair and other programming on a PC. It other than pulls in us to visit with the PC without perceiving how to talk the piece PC programs language's. A working structure is inside theory of programming on a contraption that keeps everything together. Working systems visit with the's contraption. They handle everything from your solace and mice to the Wi-Fi radio, gathering contraptions, and show. Symbolically, a worki.
Business ProposalThe Business Proposal is the major writing .docxfelicidaddinwoodie
Business Proposal
The Business Proposal is the major writing assignment in the course. You are to create and submit a formal proposal that suggests how to change something within an organization. This organization can be large or small, a place of employment now or in the past, or an organization to which the students belong. From past experiences, it is best to use a business with fewer than 200 employees, and one with which you have personal experience. It could be a place where you currently work or a place you have worked or volunteered in the past.
The change can be specific to a unit or can apply to the whole organization; it can relate to how important information is distributed, who has access to important information, how information is accessed, or any other change in practices the students see as having a benefit. The proposal should be directed to the person or committee with the power to authorize the change. However, if you are working within a large organization, and asking for a small organizational change, communicating with a CEO or president may not make the most sense. You need to think about who within the organization might be the best person for the type of change suggested.
For the submission, you are to follow the guidelines for formal proposals available in Chapter 10 of the text. You can review 10.1, 10.4, and 10.19 for more information about specific components for a well-written formal business proposal. A complete proposal must have all required sections of a formal report excluding the copy of an RFP and the Authorization. The final draft of the proposal should be 1500–2000 words, and include the following necessary formal proposal components:
Letter of transmittal
Executive summary
Title page
Table of contents
List of illustrations
Introduction
Background: Purpose/problem
Proposal: plan, schedule, details
Staffing
Budget
Appendix
Formatting does matter for this assignment, and you are to check the text for details about how to format and draft the different proposal segments. Proposals don't just have text; graphics and charts are necessary, too. In addition, research is important, and footnotes and references must be included. All content should be concise, clear, and detailed. The proposal should be well-written with appropriate grammar, spelling, and punctuation.
This is a scaffolded writing project that consists of four assignments.
.
Business ProjectProject Progress Evaluation Feedback Form .docxfelicidaddinwoodie
Business Project
Project Progress Evaluation
Feedback Form Week 3
Date:
__________________________________________________
Student Name:
__________________________________________________
__________________________________________________
Project Title: Effect Of Increasing Training Budget
Project Type: Business Research
Researchers:
Has a topic been chosen and a problem statement created?
Yes { } NO { }
Was the problem statement submitted in a 1-4 page paper that includes an introduction to the topic with appropriate documentation?
Yes { } No { }
Specifically, if any, needs additional content or rewriting to create more clarity? What specific recommendations do you have to help in this process?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
What is your workable timetable that states specific objectives and target completion dates for completing the final draft of the plan? Write the timetable below:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Feedback Form #3 – Project Proposal and Plan
▼
THE UK’S LEADING PROVIDER OF EXPERT SERVICES FOR IT PROFESSIONALS
NATIONAL COMPUTING CENTRE
IT Governance
Developing a successful governance strategy
A Best Practice guide for decision makers in IT
IT Governance
Developing a successful governance strategy
A Best Practice guide for decision makers in IT
The effective use of information technology is now an accepted organisational imperative - for
all businesses, across all sectors - and the primary motivation; improved communications and
commercial effectiveness. The swift pace of change in these technologies has consigned many
established best practice approaches to the past. Today's IT decision makers and business
managers face uncertainty - characterised by a lack of relevant, practical, advice and standards
to guide them through this new business revolution.
Recognising the lack of available best practice guidance, the National Computing Centre has
created the Best Practice Series to capture and define best practice across the key aspects of
successful business.
Other Titles in the NCC Best Practice series:
IT Skills - Recruitment and Retention ISBN 0-85012-867-6
The New UK Data Protection Law ISBN 0-85012-868-4
Open Source - the UK opportunity ISBN 0-85012-874-9
Intellectual Property Rights - protecting your intellectual assets ISBN 0-85012-872-2
Aligning IT with Business Strategy ISBN 0-85012-889-7
Enterprise Architecture - underst.
BUSINESS PROCESSES IN THE FUNCTION OF COST MANAGEMENT IN H.docxfelicidaddinwoodie
BUSINESS PROCESSES IN THE FUNCTION OF COST
MANAGEMENT IN HEALTHCARE INSTITUTIONS
1
1
st
IVANA DRAŽIĆ LUTILSKY
Departement of Accounting
Faculty of Economics and Business
University of Zagreb
Croatia
[email protected]
2
nd
LUCIJA JUROŠ
Faculty of Economics and Business
[email protected]
Abstract: This paper is dealing with the importance of business processes regarding costs
tracking and cost management in healthcare institutions. Various changes within the health
care system and funding of hospitals require the introduction of management information
systems and cost accounting. The introduction of cost accounting in public hospitals would
allow the planning and control of costs, monitoring of costs per patient or service and the
calculation of indicators for the analysis and assessment of the economic performance of the
business of public hospitals and lead to the transparency of budget spending. A model that
would be suited to the introduction in the public hospital is full cost allocation model based on
activities or processes that occur, known as the ABC method. Given that this is a calculation
of cost of services provided through various internal business processes, it is important to
identify all business processes in order to be able to calculate the costs incurred by services.
Although the hospital does not do business with the aim to make a profit, they must follow all
the costs (direct and indirect) to be able to calculate the full costs i.e. the price of the service
provided. In addition, the long-term sustainability of business activities in terms of funding
difficulties and the continuous growth of cost of services provided, hospitals must control and
reduce the cost of the program and specific activities. Therefore, the objective of this paper is
to point out the importance of business processes while introducing ABC method.
Keywords: Business Processes, Cost management, ABC method, Healthcare Institutions
1
This work has been fully supported by University of Zagreb funding the project “Business processes in the
implementation of cost management in healthcare system”, Any opinions, findings, and conclusions or
recommendations expressed in this paper are those of the authors and do not necessarily reflect the views of
University of Zagreb.
mailto:[email protected]
1 Introduction
In recent years, the efficiency of the management in health care services and the system of
quality in health care institutions significantly increased. Patients expect more from
healthcare providers and higher standards of care. At the same time, those who pay for
health services are increasingly concerned about the rising costs of health care services, but
also the potential ineffectiveness of the health care system. Consequently, there is a broad
interest in understanding the ways of efficient work of health care management and .
Business Process Management JournalBusiness process manageme.docxfelicidaddinwoodie
Business Process Management Journal
Business process management: a maturity assessment of Saudi Arabian
organizations
Omar AlShathry,
Article information:
To cite this document:
Omar AlShathry, (2016) "Business process management: a maturity assessment of Saudi Arabian
organizations", Business Process Management Journal, Vol. 22 Issue: 3, pp.507-521, https://
doi.org/10.1108/BPMJ-07-2015-0101
Permanent link to this document:
https://doi.org/10.1108/BPMJ-07-2015-0101
Downloaded on: 04 September 2018, At: 00:11 (PT)
References: this document contains references to 26 other documents.
To copy this document: [email protected]
The fulltext of this document has been downloaded 1083 times since 2016*
Users who downloaded this article also downloaded:
(2016),"Process improvement for professionalizing non-profit organizations: BPM approach",
Business Process Management Journal, Vol. 22 Iss 3 pp. 634-658 <a href="https://doi.org/10.1108/
BPMJ-08-2015-0114">https://doi.org/10.1108/BPMJ-08-2015-0114</a>
(2016),"Ownership relevance in aspect-oriented business process models", Business
Process Management Journal, Vol. 22 Iss 3 pp. 566-593 <a href="https://doi.org/10.1108/
BPMJ-01-2015-0006">https://doi.org/10.1108/BPMJ-01-2015-0006</a>
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*Related content and download information correct at time of download.
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Business process management:
a maturity assessment of Saudi
Arabian organizations
Omar AlShathry
Department of Information Systems,
Imam Mohammed Bin Saud University, Riyadh, Saudi Arabia
Abstract
Purpose – Business Process Management (BPM) has become increasingly common among organizations
in d.
Business Plan[Your Name], OwnerPurdue GlobalBUSINESS PLANDate.docxfelicidaddinwoodie
Business Plan[Your Name], Owner
Purdue Global
BUSINESS PLAN
Date
1. EXECUTIVE SUMMARY
1.1 Product
1.2 Customers
1.3 What Drives Us
2. COMPANY DESCRIPTION
2.1 Mission and Vision Statements
2.2 Principal Members at Startup (In Unit 7 you will expand on this section to include medium and long term personnel plans for all team members, including the line staff.)
2.2.1 Using chapter 10 of your text, write the plan, using the section in Chapter 10 that shows how to introduce each team member and describe their background and responsibilities. You will start with the leaders and managers, then discuss other employees as needed for your company to grow.
2.2.2 Use this spreadsheet to show the planning
Leaders/managers (unit 1)
When needed (number of months/years after opening)
Outside Services Needed
Key Functions
Add line staff (Unit 7)
2.3 Legal Structure
3. MARKET RESEARCH
3.1 Industry (from SBA, Business Guides by Industry, and Bureau of Labor Statistics)
3.1.1 Industry description
3.2.1 Resources used
3.2 Customers (from SBA site fill in worksheet, then use text for spreadsheets and follow-up explanations)
Add SBA part here:
Then, fill in spreadsheet using this example from the text:
Housewife:
Married Couple:
Age:
35–65
Age:
35–55
Income:
Fixed
Income:
Medium to high
Sex:
Female
Sex:
Male or Female
Family:
Children living at home
Family:
0 to 2 children
Geographic:
Suburban
Geographic:
Suburban
Occupation:
Housewife
Occupation:
Varies
Attitude:
Security minded
Attitude:
Security minded, energy conscious
Older Couple:
Elderly:
Age:
55–75
Age:
70+
Income:
High or fixed
Income:
Fixed
Sex:
Male or Female
Sex:
Male or Female
Family:
Empty nest
Family:
Empty nest
Geographic:
Suburban
Geographic:
Suburban
Occupation:
White-collar or retired
Occupation:
Retired
Attitude:
Security minded, energy conscious
Attitude:
Security minded, energy conscious
Explain who you are targeting and where they are located. Insert information here using these guidelines:
Information About Your Target Market – Narrow your target market to a manageable size. Many businesses make the mistake of trying to appeal to too many target markets. Research and include the following information about your market:
Distinguishing characteristics – What are the critical needs of your potential customers? Are those needs being met? What are the demographics of the group and where are they located? Are there any seasonal or cyclical purchasing trends that may impact your business?
Size of the primary target market – In addition to the size of your market, what data can you include about the annual purchases your market makes in your industry? What is the forecasted market growth for this group? For more information, see the market research guide for tips and free government resources that can help you build a market profile.
How much market share can you gain? – What is the market share.
Business PlanCover Page Name of Project, Contact Info, Da.docxfelicidaddinwoodie
Business Plan
Cover Page
Name of Project, Contact Info, Date
Picture/graphics
Table of Contents
Executive Summary
The Company
The Project
The Industry
The Market
Distribution
Risk Factors
Financing
Sources
List of sources, specific articles, and websites
I WILL PROVIDE MORE INFORMATION IN CHAT TO COMPLETE PROPOSAL.
.
Business Planning and Program Planning A strategic plan.docxfelicidaddinwoodie
This document discusses business planning and program planning. It explains that a strategic plan specifies how a program will achieve its objectives, while a business plan defines the path of a business and includes its organizational structure and financial projections. The document also discusses how the financial projection element of a business plan can impact a program's strategic planning process by influencing the program's budget. Finally, it notes that a program plan should include a funding request, as outlined in a business plan, to help secure necessary resources and facilitate achieving the program's goals and objectives.
Business Plan In your assigned journal, describe the entity you wil.docxfelicidaddinwoodie
Business Plan: In your assigned journal, describe the entity you will utilize and explain your decision.
Must be:
At required length or longer
Written in American English at graduate level
Received on or before the deadline
Must pass turn it in
Written in APA with references
.
Business Plan Part IVPart IV of the Business PlanPart IV of .docxfelicidaddinwoodie
Business Plan Part IV
Part IV of the Business Plan
Part IV of the business plan is due in week 7. Together with this part, you must show to your instructor that you have implemented the necessary corrections based on the part I feedback.
Part IV Requirements
1. Financials Plan
a. Present an in-depth narrative to demonstrate the viability of your business to justify the need for funding.
b. In this section describe financial estimates and rationale which include financial statements and forms that document the viability of your proposed business and its soundness as an investment.
c. Tables and figures must be introduced in the narrative.
i. Describe the form of business (sole-proprietor, LLC, or Corporation).
ii. Prepare three-year projections for income, expenses, and sources of funds.
iii. Base predictions on industry and historical trends.
iv. Make realistic assumptions.
v. Allow for funding changes at different stages of your company’s growth.
vi. Present a written rationale for your projections.
vii. Indicate your startup costs.
viii. Detail how startup funds will be used to advance your proposed business
ix. List current capital and any other sources of funding you may have
x. Document your calculations.
xi. Use reasonable estimates or actual data (where possible).
2. Continuous Improvement System
a. Present a brief summary of the continuous improvement processes that you will utilize for quality management (Six sigma, TQM, etc).
.
BUSINESS PLAN FORMAT Whether you plan to apply for a bu.docxfelicidaddinwoodie
BUSINESS PLAN FORMAT
Whether you plan to apply for a business loan or not, you need to have a roadmap or plan to get you from where you are to the successful operation of your business. The pages that follow demonstrate the content of a simple business plan which has been found to be successful in obtaining startup funds from banks. You are encouraged to use all or whatever portions of this fit your business.
Please DO NOT write page after page of drivel or copy from someone else’s plan or one of those templates you can find on the Internet. In most cases this will not “sound" like you, nor will it be short and to the point. Those who read these things are busy people and will not be inclined to spend time reading irrelevant paperwork.
Throughout this sample, there are
italicized
comments which are meant to guide you in preparation. If you follow this format it is reasonable to expect a finished document with 15-20 pages plus the supporting documents in the last section.
If you have good quality pictures of your space, products or other items, you might include them as another way to convey just what you plan to do. A map of your location, diagram of floor space, or other illustration is also sometimes helpful. On the other hand, do not add materials simply to “bulk-up” the report.
While content is critical, it is also important to make this presentation look as good as possible. For this course, you will create the business plan in Word and submit the plan and all attachments through the Assignment drop box. That means all attachments have to be in digital form. For a bank loan or an investor, you would normally provide them with a print version. Print the pages in black ink on a high quality tinted letterhead paper. Color is not necessary but would add some interest in headlines, etc. Bind the document in a presentation folder or with a spiral binding. Don’t simply punch a staple in the upper left corner.
If your were going to pursue a bank loan or an investor, it would be normal to take this business plan to your SCORE counselor for a review and critique.
NOTE: Before you begin your inspection of the simple plan outline which follows, take a moment to review the Business Plan Checklist on the next page.
BUSINESS PLAN CHECKLIST
By way of review, here is a concise list of the basic requirements for a Business Plan, as recommended by the MIT Enterprise Forum:
·
Appropriate Arrangement
- prepare an executive summary, a table of contents and chapters in the right order.
·
Right Length
- make it not too long and not too short, not too fancy and not too plain.
·
Expectations
- give a sense of what founder(s) and the company expect to accomplish three to seven years in the future.
·
Benefits
- explain in quantitative and qualitative terms the benefit to the consumer of the products and services.
·
Marketability
- present hard evidence of the mar.
Business UseWeek 1 Assignment #1Instructions1. Plea.docxfelicidaddinwoodie
Business Use
Week 1: Assignment #1
Instructions
1. Please read these two articles:
· Using forensics against a fitbit device to solve a murder: https://www.cbsnews.com/news/the-fitbit-alibi-21st-century-technology-used-to-help-solve-wisconsin-moms-murder/
· How Amazon Echo could be forensically analyzed! https://www.theverge.com/2017/1/6/14189384/amazon-echo-murder-evidence-surveillance-data
2. Then go around in your residence / dwelling (home, apartment, condo, etc) and be creative.
3. Identify at least five appliances or devices that you THINK could be forensically analyzed and then identify how this might be useful in an investigation. Note - do not count your computer or mobile device. Those are obvious!
4. I expect at least one paragraph answer for each device.
Why did I assign this?
The goal is to have you start THINKING about how any device, that is capable of holding electronic data (and transmitting to the Internet) could be useful in a particular investigation!
Due Date
This is due by Sunday, May 10th at 11:59PM
Surname 6
Informative speech on George Stinney Jr.
A. Info research analysis
The general purpose of the speech was to inform people about the civil injustice being done against the African American community in the United States. The specific purpose of the speech was to portray to the audience how an innocent 14-year old black boy suffered in the hands of the South Carolina State law enforcing officers. He was falsely accused of killing two white girls and electrocuted within two months after conviction.
I decided the topic of my speech after perusing through all the suggested topics ad found that the story of George Stinney Jr. was touching and emotional entirely.
This topic benefits the audience and the society in general by giving them an insight of the cruelty that the American law system has against the African American community. The audience gets to know how the shady investigations were done with claims that George had pleaded guilty to the charges of murder when there was no real evidence tying him to the crime or a signed plea agreement.
The alternative view that I found in the research was the version of the investigating officer of the case who claimed that the 14-year old boy managed to kill two girls aged 11 and 7 with a blunt object and ditch them in a nearby trench. This alternative point of view did not make sense because it is hard for a 14-year old boy to use the force that was reported by postmortem results to kill the girls. Therefore, I knew everything was a lie and I had to take the point of view of George’s innocence.
B. informative outline
Introduction:
George Stinney Jr. was an African American boy born on October 21, 1929 in Pinewood, South Carolina, U.S. He is considered as the youngest person to be executed by the United State government in 20th century.
Main body
Investigations of the alleged crimes (Bickford, 05)
The investigations concerning the alleged crimes of George S.
Business UsePALADIN ASSIGNMENT ScenarioYou are give.docxfelicidaddinwoodie
Business Use
PALADIN ASSIGNMENT
Scenario:
You are given a PC and you are faced with this scenario: you don’t know the password to the PC which means you can’t login so you can use a forensic tool like FTK IMAGER to capture the hard drive as a bit-for-bit forensic image AND/OR
1. The hard drive is either soldiered onto the motherboard (there are some new hard drives like this!) or cannot be removed because the screws are stripped (this has happened to me);
2. Even if you figured out the password or got an admin password the PC may have its USB ports blocked via a GPO policy (this is very common in corporations now);
3. Even if you can get the GPO policy overridden you may have some concerns about putting it on the network (which is true especially if you are dealing with malware).
So what you can you do? The best solution is to boot the PC up into forensically sound environment that lets you bypass the password aspect; GPO policy; etc and take a bit-for-bit image. One software that has done the job very well for me is Paladin.
How to get points
If you can send me a screenshot showing me that you had installed Paladin .ISO and made your USB device a bootable device with Paladin using Rufus then you get 10 points.
If you can send me a screenshot showing that you had a chance to boot your computer into Paladin then you will earn an extra 10 points. It is not necessary for you to take a forensic image of your PC but I have included generic instructions here.
Assumptions:
1. You have downloaded Rufus on your computer
2. You have downloaded Paladin on your computer.
Instructions:
1. Make sure you have at least one USB drive.
2. If not down already, download Rufus from https://rufus.ie/.
3. If not done already, download the Paladin ISO image from this website: https://sumuri.com/product/paladin-64-bit-version-7/ which is free. It’s suggested price is $25.00 but you can adjust the price to $0 then order. To be clear – do not pay anything.
4. Insert the USB device in your computer.
5. Run Rufus where you install the Paladin .ISO file on the USB device and make it bootable. Now I could provide you step by step instructions, but this is a Masters class so I want you to explore a bit and figure this out. One good video is this: https://www.youtube.com/watch?v=V6JehM0WDTI.
6. After you are done using Rufus where you have installed Paladin.ISO on the USB device and made it bootable then make sure the USB device is in the PC.
7. Restart your PC. Press F9(HP) laptop) or F12 (Dell laptop) so you can be taken into the BIOS bootup menu.
8. This is where things get a bit tricky e.g. your compute may be configured differently where you have to adjust your BIOS settings. If you do not feel comfortable doing this then stop here. I do not want you to mess up your computer. You have already earned ten extra points!
9. If you still proceed then you will see a list of bootable devices. You may, for example, see a list of devices. Pick the device .
Business UsePractical Connection WorkThis work is a writte.docxfelicidaddinwoodie
Business Use
Practical Connection Work
This work is a written assignment where students will demonstrate how this course research has connected and been put into practice within their own career.
Assignment:
Provide a reflection of at least 500 words of how the knowledge, skills, or theories of this course, to date, have been applied, or could be applied, in a practical manner to your current work environment.
If you are not currently working, then this is where you can be creative and identify how you THINK this could be applied to an employment opportunity in your field of study.
Requirements:
Provide a 500 word minimum reflection.
Use of proper APA formatting and citations. If supporting evidence from outside resources is used those must be properly cited.
Share a personal connection that identifies specific knowledge and theories from this course.
You should NOT provide an overview of the assignments given in the course. Reflect and write about how the knowledge and skills obtained through meeting course objectives were applied or could be applied in the workplace.
// Pediatric depressionTherapy for Pediatric Clients with Mood Disorders
An African American Child Suffering From Depression
BACKGROUND INFORMATION
The client is an 8-year-old African American male who arrives at the ER with his mother. He is exhibiting signs of depression.
Client complained of feeling “sad” Mother reports that teacher said child is withdrawn from peers in class Mother notes decreased appetite and occasional periods of irritation Client reached all developmental landmarks at appropriate ages Physical exam unremarkable Laboratory studies WNL Child referred to psychiatry for evaluation Client seen by Psychiatric Nurse Practitioner
MENTAL STATUS EXAM
Alert & oriented X 3, speech clear, coherent, goal directed, spontaneous. Self-reported mood is “sad”. Affect somewhat blunted, but child smiled appropriately at various points throughout the clinical interview. He denies visual or auditory hallucinations. No delusional or paranoid thought processes noted. Judgment and insight appear to be age-appropriate. He is not endorsing active suicidal ideation, but does admit that he often thinks about himself being dead and what it would be like to be dead.
The PMHNP administers the Children's Depression Rating Scale, obtaining a score of 30 (indicating significant depression)
RESOURCES
§ Poznanski, E., & Mokros, H. (1996). Child Depression Rating Scale--Revised. Los Angeles, CA: Western Psychological Services.
Decision Point OneSelect what the PMHNP should do:Begin Zoloft 25 mg orally daily
Begin Paxil 10 mg orally daily
Begin Wellbutrin 75 mg orally BID
.
Business System Analyst
SUMMARY:
· Cognos Business In experience intelligence with expertise in Software Design, Development, and Analysis, Teradata, Testing, Data Warehouse and Business Intelligence tools.
· Expertise in Cognos 11/10.2, 10.1, 8.x (Query Studio, Report Studio, Analysis Studio, Business Insight/Workspace, Business Insight/Workspace Advanced, Metric Studio (Score carding), Framework Manager, Cognos Connection)
· Expertise in Installation and Configuration of Cognos BI Products in Distributed environment on Windows
· Expertise with Framework Manager Modeling (Physical Layer, Business Layer, Packages) and Complex Report building with Report Studio.
· Expertise developing complex reports using drill-through reports, prompts, dashboards, master-detail, burst-reports, dynamic filtering in Cognos.
· Expertise in creating Dashboard reports using Java Script in Report studio.
· Expertise in building scorecard reports and dashboard reports using metric studio.
· Expertise with Transformer models and cubes that were used in Power play analysis and also these cubes were used in various Analysis Studio reports.
· Expertise with MDX Functions in Report Studio using Multi-dimensional Sources.
· Expertise with Cognos security (LDAP, Active Directory, Access manager, object level security, data security).
· Expertise with Tabbed Inter-phases and with Interactive Behavior of value based chart highlighting.
· Sound Skills in developing SQL Scripts, PL/SQL Stored Procedures, functions, packages.
· Expertise on production support and troubleshoot/test issues with existing reports and cubes.
· Experienced with MS SQL Server BI Tools like SSIS, SSRS and SSAS.
· Expertise in creation of packages, Data and Control tasks, Reports and Cubes using MS SQL Server BI Tools.
· Ability to translate business requirements into technical specifications and interact with end users to gather requirements for reporting.
· Good understanding of business process in Financial, Insurance and Healthcare areas.
· Expertise in infrastructure design for the cognos environment and security setup for different groups as per business requirement.
· Creating training material on all the Ad-Hoc training
· Expertise in all the basic administrative tasks like deployments, routing rule setup’s , user group setup , folder level securities etc.
· Have deployment knowledge of IBM Cognos report in Application servers like WAS.
· Have knowledge on handling securities and administration functionalities on IBM Cognos 10.x
· Good work ethics, detail oriented, fast learner, team oriented, flexible and adaptable to all kinds of stressful environments. Possess excellent communication and interpersonal skills.
Technical Skills:
BI Platform
Cognos 11,10.2, 10.1, 8.x (Query Studio, Report Studio, Analysis Studio, Business Insight/Workspace, Business Insight/Workspace Advanced, Metric Studio (Score carding), Framework Manager, Cognos Connection)
Data Base
MS Access, MS SQL Server, Orac.
Business StrategyOrganizations have to develop an international .docxfelicidaddinwoodie
Business Strategy
Organizations have to develop an international Human Resources Management Strategy, when they expand globally. Which do you think is more critical for international Human Resource Management:
Understanding the cultural environment, or
Understanding the political and legal environment?
Please choose 1 position and give a rationale; examples are also a way to demonstrate your understanding of the learning concepts.
.
Business StrategyGroup BCase Study- KFC Business Analysis.docxfelicidaddinwoodie
Business Strategy
Group B
Case Study- KFC Business Analysis
Abstract
Introduced in 1952 by Colonel Sanders
Second largest restaurant chain today in terms of popularity
Annual revenue of $23 billion
Diversified its menu to suit cultural needs of people across different countries
Hindering factors in KFC’s growth are growing consumer health consciousness, animal welfare criticism, environmental criticism
Introduction
KFC was born in 1952 and its founder was Colonel Sanders
First franchise to grow globally over international market
By the 1960s – 1980s the market was booming in countries like England, Mexico, China
Management and ownership transferred over the years to Heublin, Yum Brands and PepsiCo.
Annual revenue of $23 billion in 2013
KFC had expanded its menu to suit cultural needs of people across different countries
Hindering factors in KFC’s growth are growing consumer health consciousness, animal welfare criticism, environmental criticism, logistic management issue in UK, cultural differences in Asian countries towards accepting the fried chicken menu.
Factors contributing to KFC’s global success
The core reason for KFCs success is it’s mandate to follow strict franchise protocols that have continuously satisfied customers demands:
The quality of the chicken cooked in KFC has certain specific guidelines
The size of the restaurant should be 24x60 feet.
The restaurant washrooms and ktichen has certain cleanliness standards
Food that is not sold off needs to be trashed
The workers need to have a specific clothing and uniform.
A certain % of the gross earnings should be used for advertisement and R&D
Air conditioning is mandatory in the outlets
Global number of KFC restaurants in the past decade
Importance of cultural factors to KFC’s sales success in India and China
Culture is the collective programming of the human mind that distinguishes the members of one human group from those of another. Culture in this sense is a system of collectively held values
“Culture is everything that people have, think, and do as members of their society”, which demonstrating that culture is made up of (1) material objects; (2) ideas, values, attitudes and beliefs; and (3) specified, or expected behavior.
Many scholars have theorized and studied the notion of cross-cultural adaptation, which tends to move from one culture to another one, by learning the elements such as rules, norms, customs, and language of the new culture (Oberg 1960, Keefe and Padilla 1987, Kealey 1989). According to Ady (1995),
“Cultural adaptation is the evolutionary process by which an individual modifies his personal habits and customs to fit into a particular culture. It can also refer to gradual changes within a culture or society that occur as people from different backgrounds participating in the culture and sharing their perspectives and practices.”
Cultural factors in India that go against KFC’s original recipe.
.
Business Strategy Differentiation, Cost Leadership, a.docxfelicidaddinwoodie
This document discusses various concepts related to business strategy and competitive advantage. It begins by defining a business-level strategy and outlining the "who, what, why, and how" of competing for advantage. It then discusses how industry and firm effects jointly determine competitive advantage. Key ideas around generating and sustaining advantage through barriers to imitation are presented. The document also discusses concepts like differentiation advantage, cost leadership, learning curves, economies of scale, value chains, and the resource-based view of the firm. Strategic coherence and dynamic strategic activity systems are defined.
Business RequirementsReference number Document Control.docxfelicidaddinwoodie
Business Requirements
Reference number:
Document Control
Change Record
Date
Author
Version
Change Reference
Reviewers
Name
Position
Table of Contents
2Document Control
1
Business Requirements
4
1.1
Project Overview
4
1.2
Background including current process
4
1.3
Scope
4
1.3.1
Scope of Project
4
1.3.2
Constraints and Assumptions
5
1.3.3
Risks
5
1.3.4
Scope Control
5
1.3.5
Relationship to Other Systems/Projects
5
1.3.6
Definition of Terms (if applicable)
5
1 Business Requirements
1.1 Project Overview
Provide a short, yet complete, overview of the project.
1.2 Background including current process
Describe the background to the project, (same section may be reused in the Quality Plan) include:
This project is
The project goal is to
The IT role for this project is
1.3 Scope
1.3.1 Scope of Project
The scope of this project includes a number of areas. For each area, there should be a corresponding strategy for incorporating these areas into the overall project.
Applications
In order to meet the target production date, only these applications will be implemented:
Sites
These sites are considered part of the implementation:
Process Re-engineering
Re-engineering will
Customization
Customizations will be limited to
Interfaces
the interfaces included are:
Architecture
Application and Technical Architecture will
Conversion
Only the following data and volume will be considered for conversion:
Testing
Testing will include only
Funding
Project funding is limited to
Training
Training will be
Education
Education will include
1.3.2 Constraints and Assumptions
The following constraints have been identified:
The following assumptions have been made in defining the scope, objectives and approach:
1.3.3 Risks
The following risks have been identified as possibly affecting the project during its progression:
1.3.4 Scope Control
The control of changes to the scope identified in this document will be managed through the Change Control, with business owner representative approval for any changes that affect cost or timeline for the project.
1.3.5 Relationship to Other Systems/Projects
It is the responsibility of the business unit to inform IT of other business initiatives that may impact the project. The following are known business initiatives:
1.3.6 Definition of Terms (if applicable)
List any definitions that will be used throughout the duration of the project.
5
A working structure is the fundamental programming that bargains with all the mechanical social affair and other programming on a PC. It other than pulls in us to visit with the PC without perceiving how to talk the piece PC programs language's. A working structure is inside theory of programming on a contraption that keeps everything together. Working systems visit with the's contraption. They handle everything from your solace and mice to the Wi-Fi radio, gathering contraptions, and show. Symbolically, a worki.
Business ProposalThe Business Proposal is the major writing .docxfelicidaddinwoodie
Business Proposal
The Business Proposal is the major writing assignment in the course. You are to create and submit a formal proposal that suggests how to change something within an organization. This organization can be large or small, a place of employment now or in the past, or an organization to which the students belong. From past experiences, it is best to use a business with fewer than 200 employees, and one with which you have personal experience. It could be a place where you currently work or a place you have worked or volunteered in the past.
The change can be specific to a unit or can apply to the whole organization; it can relate to how important information is distributed, who has access to important information, how information is accessed, or any other change in practices the students see as having a benefit. The proposal should be directed to the person or committee with the power to authorize the change. However, if you are working within a large organization, and asking for a small organizational change, communicating with a CEO or president may not make the most sense. You need to think about who within the organization might be the best person for the type of change suggested.
For the submission, you are to follow the guidelines for formal proposals available in Chapter 10 of the text. You can review 10.1, 10.4, and 10.19 for more information about specific components for a well-written formal business proposal. A complete proposal must have all required sections of a formal report excluding the copy of an RFP and the Authorization. The final draft of the proposal should be 1500–2000 words, and include the following necessary formal proposal components:
Letter of transmittal
Executive summary
Title page
Table of contents
List of illustrations
Introduction
Background: Purpose/problem
Proposal: plan, schedule, details
Staffing
Budget
Appendix
Formatting does matter for this assignment, and you are to check the text for details about how to format and draft the different proposal segments. Proposals don't just have text; graphics and charts are necessary, too. In addition, research is important, and footnotes and references must be included. All content should be concise, clear, and detailed. The proposal should be well-written with appropriate grammar, spelling, and punctuation.
This is a scaffolded writing project that consists of four assignments.
.
Business ProjectProject Progress Evaluation Feedback Form .docxfelicidaddinwoodie
Business Project
Project Progress Evaluation
Feedback Form Week 3
Date:
__________________________________________________
Student Name:
__________________________________________________
__________________________________________________
Project Title: Effect Of Increasing Training Budget
Project Type: Business Research
Researchers:
Has a topic been chosen and a problem statement created?
Yes { } NO { }
Was the problem statement submitted in a 1-4 page paper that includes an introduction to the topic with appropriate documentation?
Yes { } No { }
Specifically, if any, needs additional content or rewriting to create more clarity? What specific recommendations do you have to help in this process?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
What is your workable timetable that states specific objectives and target completion dates for completing the final draft of the plan? Write the timetable below:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Feedback Form #3 – Project Proposal and Plan
▼
THE UK’S LEADING PROVIDER OF EXPERT SERVICES FOR IT PROFESSIONALS
NATIONAL COMPUTING CENTRE
IT Governance
Developing a successful governance strategy
A Best Practice guide for decision makers in IT
IT Governance
Developing a successful governance strategy
A Best Practice guide for decision makers in IT
The effective use of information technology is now an accepted organisational imperative - for
all businesses, across all sectors - and the primary motivation; improved communications and
commercial effectiveness. The swift pace of change in these technologies has consigned many
established best practice approaches to the past. Today's IT decision makers and business
managers face uncertainty - characterised by a lack of relevant, practical, advice and standards
to guide them through this new business revolution.
Recognising the lack of available best practice guidance, the National Computing Centre has
created the Best Practice Series to capture and define best practice across the key aspects of
successful business.
Other Titles in the NCC Best Practice series:
IT Skills - Recruitment and Retention ISBN 0-85012-867-6
The New UK Data Protection Law ISBN 0-85012-868-4
Open Source - the UK opportunity ISBN 0-85012-874-9
Intellectual Property Rights - protecting your intellectual assets ISBN 0-85012-872-2
Aligning IT with Business Strategy ISBN 0-85012-889-7
Enterprise Architecture - underst.
BUSINESS PROCESSES IN THE FUNCTION OF COST MANAGEMENT IN H.docxfelicidaddinwoodie
BUSINESS PROCESSES IN THE FUNCTION OF COST
MANAGEMENT IN HEALTHCARE INSTITUTIONS
1
1
st
IVANA DRAŽIĆ LUTILSKY
Departement of Accounting
Faculty of Economics and Business
University of Zagreb
Croatia
[email protected]
2
nd
LUCIJA JUROŠ
Faculty of Economics and Business
[email protected]
Abstract: This paper is dealing with the importance of business processes regarding costs
tracking and cost management in healthcare institutions. Various changes within the health
care system and funding of hospitals require the introduction of management information
systems and cost accounting. The introduction of cost accounting in public hospitals would
allow the planning and control of costs, monitoring of costs per patient or service and the
calculation of indicators for the analysis and assessment of the economic performance of the
business of public hospitals and lead to the transparency of budget spending. A model that
would be suited to the introduction in the public hospital is full cost allocation model based on
activities or processes that occur, known as the ABC method. Given that this is a calculation
of cost of services provided through various internal business processes, it is important to
identify all business processes in order to be able to calculate the costs incurred by services.
Although the hospital does not do business with the aim to make a profit, they must follow all
the costs (direct and indirect) to be able to calculate the full costs i.e. the price of the service
provided. In addition, the long-term sustainability of business activities in terms of funding
difficulties and the continuous growth of cost of services provided, hospitals must control and
reduce the cost of the program and specific activities. Therefore, the objective of this paper is
to point out the importance of business processes while introducing ABC method.
Keywords: Business Processes, Cost management, ABC method, Healthcare Institutions
1
This work has been fully supported by University of Zagreb funding the project “Business processes in the
implementation of cost management in healthcare system”, Any opinions, findings, and conclusions or
recommendations expressed in this paper are those of the authors and do not necessarily reflect the views of
University of Zagreb.
mailto:[email protected]
1 Introduction
In recent years, the efficiency of the management in health care services and the system of
quality in health care institutions significantly increased. Patients expect more from
healthcare providers and higher standards of care. At the same time, those who pay for
health services are increasingly concerned about the rising costs of health care services, but
also the potential ineffectiveness of the health care system. Consequently, there is a broad
interest in understanding the ways of efficient work of health care management and .
Business Process Management JournalBusiness process manageme.docxfelicidaddinwoodie
Business Process Management Journal
Business process management: a maturity assessment of Saudi Arabian
organizations
Omar AlShathry,
Article information:
To cite this document:
Omar AlShathry, (2016) "Business process management: a maturity assessment of Saudi Arabian
organizations", Business Process Management Journal, Vol. 22 Issue: 3, pp.507-521, https://
doi.org/10.1108/BPMJ-07-2015-0101
Permanent link to this document:
https://doi.org/10.1108/BPMJ-07-2015-0101
Downloaded on: 04 September 2018, At: 00:11 (PT)
References: this document contains references to 26 other documents.
To copy this document: [email protected]
The fulltext of this document has been downloaded 1083 times since 2016*
Users who downloaded this article also downloaded:
(2016),"Process improvement for professionalizing non-profit organizations: BPM approach",
Business Process Management Journal, Vol. 22 Iss 3 pp. 634-658 <a href="https://doi.org/10.1108/
BPMJ-08-2015-0114">https://doi.org/10.1108/BPMJ-08-2015-0114</a>
(2016),"Ownership relevance in aspect-oriented business process models", Business
Process Management Journal, Vol. 22 Iss 3 pp. 566-593 <a href="https://doi.org/10.1108/
BPMJ-01-2015-0006">https://doi.org/10.1108/BPMJ-01-2015-0006</a>
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*Related content and download information correct at time of download.
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Business process management:
a maturity assessment of Saudi
Arabian organizations
Omar AlShathry
Department of Information Systems,
Imam Mohammed Bin Saud University, Riyadh, Saudi Arabia
Abstract
Purpose – Business Process Management (BPM) has become increasingly common among organizations
in d.
Business Plan[Your Name], OwnerPurdue GlobalBUSINESS PLANDate.docxfelicidaddinwoodie
Business Plan[Your Name], Owner
Purdue Global
BUSINESS PLAN
Date
1. EXECUTIVE SUMMARY
1.1 Product
1.2 Customers
1.3 What Drives Us
2. COMPANY DESCRIPTION
2.1 Mission and Vision Statements
2.2 Principal Members at Startup (In Unit 7 you will expand on this section to include medium and long term personnel plans for all team members, including the line staff.)
2.2.1 Using chapter 10 of your text, write the plan, using the section in Chapter 10 that shows how to introduce each team member and describe their background and responsibilities. You will start with the leaders and managers, then discuss other employees as needed for your company to grow.
2.2.2 Use this spreadsheet to show the planning
Leaders/managers (unit 1)
When needed (number of months/years after opening)
Outside Services Needed
Key Functions
Add line staff (Unit 7)
2.3 Legal Structure
3. MARKET RESEARCH
3.1 Industry (from SBA, Business Guides by Industry, and Bureau of Labor Statistics)
3.1.1 Industry description
3.2.1 Resources used
3.2 Customers (from SBA site fill in worksheet, then use text for spreadsheets and follow-up explanations)
Add SBA part here:
Then, fill in spreadsheet using this example from the text:
Housewife:
Married Couple:
Age:
35–65
Age:
35–55
Income:
Fixed
Income:
Medium to high
Sex:
Female
Sex:
Male or Female
Family:
Children living at home
Family:
0 to 2 children
Geographic:
Suburban
Geographic:
Suburban
Occupation:
Housewife
Occupation:
Varies
Attitude:
Security minded
Attitude:
Security minded, energy conscious
Older Couple:
Elderly:
Age:
55–75
Age:
70+
Income:
High or fixed
Income:
Fixed
Sex:
Male or Female
Sex:
Male or Female
Family:
Empty nest
Family:
Empty nest
Geographic:
Suburban
Geographic:
Suburban
Occupation:
White-collar or retired
Occupation:
Retired
Attitude:
Security minded, energy conscious
Attitude:
Security minded, energy conscious
Explain who you are targeting and where they are located. Insert information here using these guidelines:
Information About Your Target Market – Narrow your target market to a manageable size. Many businesses make the mistake of trying to appeal to too many target markets. Research and include the following information about your market:
Distinguishing characteristics – What are the critical needs of your potential customers? Are those needs being met? What are the demographics of the group and where are they located? Are there any seasonal or cyclical purchasing trends that may impact your business?
Size of the primary target market – In addition to the size of your market, what data can you include about the annual purchases your market makes in your industry? What is the forecasted market growth for this group? For more information, see the market research guide for tips and free government resources that can help you build a market profile.
How much market share can you gain? – What is the market share.
Business PlanCover Page Name of Project, Contact Info, Da.docxfelicidaddinwoodie
Business Plan
Cover Page
Name of Project, Contact Info, Date
Picture/graphics
Table of Contents
Executive Summary
The Company
The Project
The Industry
The Market
Distribution
Risk Factors
Financing
Sources
List of sources, specific articles, and websites
I WILL PROVIDE MORE INFORMATION IN CHAT TO COMPLETE PROPOSAL.
.
Business Planning and Program Planning A strategic plan.docxfelicidaddinwoodie
This document discusses business planning and program planning. It explains that a strategic plan specifies how a program will achieve its objectives, while a business plan defines the path of a business and includes its organizational structure and financial projections. The document also discusses how the financial projection element of a business plan can impact a program's strategic planning process by influencing the program's budget. Finally, it notes that a program plan should include a funding request, as outlined in a business plan, to help secure necessary resources and facilitate achieving the program's goals and objectives.
Business Plan In your assigned journal, describe the entity you wil.docxfelicidaddinwoodie
Business Plan: In your assigned journal, describe the entity you will utilize and explain your decision.
Must be:
At required length or longer
Written in American English at graduate level
Received on or before the deadline
Must pass turn it in
Written in APA with references
.
Business Plan Part IVPart IV of the Business PlanPart IV of .docxfelicidaddinwoodie
Business Plan Part IV
Part IV of the Business Plan
Part IV of the business plan is due in week 7. Together with this part, you must show to your instructor that you have implemented the necessary corrections based on the part I feedback.
Part IV Requirements
1. Financials Plan
a. Present an in-depth narrative to demonstrate the viability of your business to justify the need for funding.
b. In this section describe financial estimates and rationale which include financial statements and forms that document the viability of your proposed business and its soundness as an investment.
c. Tables and figures must be introduced in the narrative.
i. Describe the form of business (sole-proprietor, LLC, or Corporation).
ii. Prepare three-year projections for income, expenses, and sources of funds.
iii. Base predictions on industry and historical trends.
iv. Make realistic assumptions.
v. Allow for funding changes at different stages of your company’s growth.
vi. Present a written rationale for your projections.
vii. Indicate your startup costs.
viii. Detail how startup funds will be used to advance your proposed business
ix. List current capital and any other sources of funding you may have
x. Document your calculations.
xi. Use reasonable estimates or actual data (where possible).
2. Continuous Improvement System
a. Present a brief summary of the continuous improvement processes that you will utilize for quality management (Six sigma, TQM, etc).
.
BUSINESS PLAN FORMAT Whether you plan to apply for a bu.docxfelicidaddinwoodie
BUSINESS PLAN FORMAT
Whether you plan to apply for a business loan or not, you need to have a roadmap or plan to get you from where you are to the successful operation of your business. The pages that follow demonstrate the content of a simple business plan which has been found to be successful in obtaining startup funds from banks. You are encouraged to use all or whatever portions of this fit your business.
Please DO NOT write page after page of drivel or copy from someone else’s plan or one of those templates you can find on the Internet. In most cases this will not “sound" like you, nor will it be short and to the point. Those who read these things are busy people and will not be inclined to spend time reading irrelevant paperwork.
Throughout this sample, there are
italicized
comments which are meant to guide you in preparation. If you follow this format it is reasonable to expect a finished document with 15-20 pages plus the supporting documents in the last section.
If you have good quality pictures of your space, products or other items, you might include them as another way to convey just what you plan to do. A map of your location, diagram of floor space, or other illustration is also sometimes helpful. On the other hand, do not add materials simply to “bulk-up” the report.
While content is critical, it is also important to make this presentation look as good as possible. For this course, you will create the business plan in Word and submit the plan and all attachments through the Assignment drop box. That means all attachments have to be in digital form. For a bank loan or an investor, you would normally provide them with a print version. Print the pages in black ink on a high quality tinted letterhead paper. Color is not necessary but would add some interest in headlines, etc. Bind the document in a presentation folder or with a spiral binding. Don’t simply punch a staple in the upper left corner.
If your were going to pursue a bank loan or an investor, it would be normal to take this business plan to your SCORE counselor for a review and critique.
NOTE: Before you begin your inspection of the simple plan outline which follows, take a moment to review the Business Plan Checklist on the next page.
BUSINESS PLAN CHECKLIST
By way of review, here is a concise list of the basic requirements for a Business Plan, as recommended by the MIT Enterprise Forum:
·
Appropriate Arrangement
- prepare an executive summary, a table of contents and chapters in the right order.
·
Right Length
- make it not too long and not too short, not too fancy and not too plain.
·
Expectations
- give a sense of what founder(s) and the company expect to accomplish three to seven years in the future.
·
Benefits
- explain in quantitative and qualitative terms the benefit to the consumer of the products and services.
·
Marketability
- present hard evidence of the mar.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
Beyond Degrees - Empowering the Workforce in the Context of Skills-First.pptxEduSkills OECD
Iván Bornacelly, Policy Analyst at the OECD Centre for Skills, OECD, presents at the webinar 'Tackling job market gaps with a skills-first approach' on 12 June 2024
Reimagining Your Library Space: How to Increase the Vibes in Your Library No ...Diana Rendina
Librarians are leading the way in creating future-ready citizens – now we need to update our spaces to match. In this session, attendees will get inspiration for transforming their library spaces. You’ll learn how to survey students and patrons, create a focus group, and use design thinking to brainstorm ideas for your space. We’ll discuss budget friendly ways to change your space as well as how to find funding. No matter where you’re at, you’ll find ideas for reimagining your space in this session.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
Main Java[All of the Base Concepts}.docxadhitya5119
This is part 1 of my Java Learning Journey. This Contains Custom methods, classes, constructors, packages, multithreading , try- catch block, finally block and more.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
Pollock and Snow "DEIA in the Scholarly Landscape, Session One: Setting Expec...
Business Memo TemplateMEMORANDUMTOFROMDATESUB.docx
1. Business Memo Template
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
I'm writing to inform you that [reason for writing memo].
As our company continues to grow … [evidence or reason to
support your opening paragraph].
Please let me know if you have any questions. In the meantime,
I'd appreciate your cooperation as [official business
information] takes place.
Header:
In your header, you'll want to clearly label your content
"Memorandum" so your readers know exactly they're receiving.
Then, you'll want to include "TO", "FROM", "DATE", and
"SUBJECT". This information is relevant for providing content,
like who you're addressing, and why.
Paragraph One:
In the first paragraph, you'll want to quickly and clearly state
the purpose of your memo. You might begin your sentence with
the phrase, "I'm writing to inform you … " or "I'm writing to
request ... ". A memo is meant to be short, clear, and to-the-
point. You'll want to deliver your most critical information
upfront, and then use subsequent paragraphs as opportunities to
2. dive into more detail.
Paragraph Two:
In the second paragraph, you'll want to provide context or
supporting evidence. For instance, let's say your memo is
informing the company of an internal re-organization. If this is
the case, paragraph two should say something like, "As our
company continues to grow, we've decided it makes more sense
to separate our video production team from our content team.
This way, those teams can focus more on their individual
goals."
Paragraph Three:
In the third paragraph, you'll want to include your specific
request of each employee -- if you're planning a team outing,
this is the space you'd include, "Please RSVP with dietary
restrictions," or "Please email me with questions."
On the contrary, if you're informing staff of upcoming
construction to the building, you might say, "I'd appreciate your
cooperation during this time." Even if there isn't any specific
action you expect from employees, it's helpful to include how
you hope they'll handle the news and whether you expect them
to do something in response to the memo.
V ie w s fro m t h e B e n c h
Understanding the 14th Amendment
Editor’s Note: The following short essays appeared in the Law
Day special edition sponsored by the Utah State Bar; the Utah
Judiciary, and the Utah Commission on Civic & Character
Education. The special edition was included in the print version
of
3. Utah's leading newspapers. Although written with a lay
audience in mind, these essays contain worthwhile messages,
and we
reprint them here, with the authors' permission, in case any o f
our readers missed them.
Bending Toward Justice
by Judge J. Frederic Voros, Jr., Presiding Judge, Utah Court o f
Appeals
T w i c e in the last month - once in a
law office and once in an art museum - 1
saw a print of a 1963 painting by
Norman Rockwell. He called it “The
Problem We All Live With.” It depicts a
six-year-old girl walking to school. Two
deputy U.S. marshals walk ahead of her,
two behind. The girl, dressed in a white
dress and carrying her schoolbooks, is African-American. Her
name is Ruby Bridges.
The school was William Frantz Elementary in New Orleans.
Rockwell shows the girl and the marshals but not the
protestors. They were throwing things and shouting. We can all
imagine the hateful things they shouted. But the girl walked on.
One of the marshals later recalled, “She showed a lot of
courage. She never cried. She didn’t whimper. She just marched
along like a little soldier.”
White parents kept their children home from school and
teachers refused to teach. For over a year Ruby’s teacher,
Barbara Henry, taught Ruby one-on-one “as if she were teaching
a whole class." But not that first day. Amid all the commotion,
Ruby spent the day in the principal’s office. On the second day,
a
4. white Methodist minister named Lloyd Anderson Foreman
walked his five-year-old daughter through the angry mob. Later
more white children began to attend, some teachers returned,
and protests subsided.
Ruby’s family paid a price for daring to claim the promise of
equality. Her father lost his job, their local grocery store
refused
Volume 30 No. 3
to sell to them, and her sharecropping grandparents lost their
land. But the Bridges family also had allies. Neighbors hired
her
father, protected their house, and walked behind the marshals’
car on the way to school. Fifty years later, Ruby Bridges and
the
minister’s daughter, Pam Foreman Testroet, met again at a
Frantz Elementary School reunion - sisters in the struggle to
transform American democracy.
Paving the way for the integration of Frantz Elementary School
was the United States Supreme Court’s decision in Brown v.
Board o f Education, 347 U.S. 483 (1954). A unanimous Court
held that racially segregated public schools denied black
Americans equal protection of the law under the Fourteenth
Amendment to the United States Constitution.
That amendment, adopted in 1868, states in part, “No state shall
make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any state
deprive any person of life, liberty, or property, without due
process of law; nor deny to any person within its jurisdiction
the
equal protection of the laws.” As Justice Harlan wrote for the
Court in 1896, that amendment declares, “All citizens are equal
5. before the law." Gibson v. Mississippi, 162 U.S. 565,591
(1896).
But equality under the law is easier to promise than to deliver;
Constitutional promises are not self-executing. Equality must be
won one battle at a time - some fought by soldiers at places
like Gettysburg and Cold Harbor, some fought by civilians at
places like the Edmund Pettus Bridge and William Frantz
Elementary School. But these battles have indeed transformed
American democracy.
N orm an R o ckw e ll's The Problem We All Live With c o u rte
s y of the N orm an R ockw ell estate.
Only 6% of Americans were entitled to vote in the election of
1789; really, only landed white men could be said to be “equal
before the law.” But thanks to the Reconstruction Amendments,
African Americans, female Americans, and gay Americans can
now claim a measure of equality under the Constitution. So far
the history of America has borne out the words often attributed
to Dr. Martin Luther King, “The arc of the moral universe is
long, but it bends toward justice.”
But battles remain to be fought - the mass incarceration of
young black men comes to mind. Realizing the promise of
equality, more fully transforming American democracy, will
require many more Americans with the courage and moral
conviction of Ruby Bridges.
Gender Discrimination and the 14th Amendment:
Equality Under the Law
by Judge Michele Christiansen, Utah Court o f Appeals
6. At the heart o f the United States
Constitution's guarantee o f equal
protection lies the simple command that
the government must treat all citizens
as competent and worthy individuals,
not simply as a stereotype.
- Justice Sandra Day O'Connor
I t was only 145 years ago, in 1873, that the United States
Supreme Court issued its infamous decision rejecting female
lawyer Myra BradwelTs bid for a law license. Bradwell sought
to
challenge the Illinois law that barred women from obtaining law
licenses and argued that her right to a livelihood was protected
by the United States Constitution. The Court observed that the
“difference in the respective spheres and destinies of man and
11
Views from the Bench
Vi
ew
s f
rom
th
e B
en
ch woman” prevented women like Bradwell from assuming an
7. equal place beside men in the workforce because “ [t] he
natural and proper timidity and delicacy which belongs to the
female sex evidently unfits it for many of the occupations of
civil
life." Bradwell v. State, 16 Wall. 130,141 (1873). The Court’s
decision treated Bradwell not as an equal citizen under the law,
but instead limited Bradwell’s ambitions to practice law
alongside her husband due to a characteristic over which she
had no control - her sex. Bradwell’s challenge to the Illinois
law was based on the Fourteenth Amendment to the United
States Constitution. Just five years before the decision in
Bradwell’s case, on July 28,1868, the Fourteenth
Amendment to the United States Constitution was
ratified by the required three-fourths of the
states. The Equal Protection Clause of that
amendment provides that, “no State sh a ll...
deny to any person within its jurisdiction the
equal protection of the laws.” Thus, the
plain language of the Equal Protection
Clause imposes a duty on state actors to treat
similarly-situated individuals alike. However,
using equal protection constitutional principles
to protect against gender discrimination has been a
relatively recent idea, and the recognition of American
women as equal citizens and possessors of constitutionally-
protected rights has only slowly evolved over the course of our
country’s history.
For many years, the prevailing notion was that state and federal
governments could withhold from women the same
opportunities
afforded to men. As recognized by the Supreme Court in
Frontiero v. Richardson, these notions contributed to our
nation’s “long and unfortunate history of sex discrimination.” It
was not until the middle of the twentieth century that the
Supreme Court began to apply equal protection principles to
8. strike down government practices of racial discrimination and
became receptive to arguments about the applicability of equal
protection principles to gender discrimination. While duly
enacted legislation is generally presumed valid and federal
courts are not meant to be agents of social change, the
Constitution requires courts to consider state action that makes
suspect distinctions between similarly-situated groups of people
with varying levels of skepticism.
The level of scrutiny applied to an equal protection claim is
relevant because it often affects the outcome of the case; the
more rigorous the scrutiny of the governmental action, the
more likely that state action is to be ruled unconstitutional.
Courts traditionally analyze alleged equal protection violations
using one of the following three standards of review: strict
scrutiny, intermediate scrutiny, or rational basis review. Since
1971, the Supreme Court has held that laws or government
policies that draw distinctions on the basis of gender are subject
to heightened intermediate judicial scrutiny.
Of course, this does not mean that no law can discriminate or
make classifications, only that a law cannot
discriminate on an improper basis. To be sure,
the sexes are not alike in every regard and the
Supreme Court has upheld differential
treatment of men and women based on
relevant sex-specific biological differences,
‘“inherent differences’ between men and
w om en.. .remain cause for celebration,” U.S.
v. Virginia, 518 U.S. 515, 533 (1996). Thus,
the Equal Protection Clause cannot and should
not be read in a way that requires absolute equality
9. for everyone, but rather can be legitimately applied in a
way to provide both genders freedom from discrimination, as
one’s gender bears no relation to one’s ability to perform or
contribute to society. As Justice Ginsburg stated in U.S. v.
Virginia, the Court has repeatedly recognized that equal
protection requires that both genders have “equal opportunity
to aspire, achieve, participate in and contribute to society based
on their individual talents and capacities.” Id. at 516. As equal
members of society, women’s contribution to our communities,
schools, businesses, and courts can be accomplished through
the application of the same qualities that male citizens have
undertaken for years - intelligence, hard work, patience, and a
commitment to integrity, honesty and fair dealing - and
shouldn't be limited because of stereotypical notions.
Fortunately, the Supreme Court has recognized that general-
izations about women no longer justify denying them equal
opportunities. Myra Bradwell would be proud.
12
A Prim er f o r Young People - Due Process in Juvenile Court
by Judge Michael F. Leavitt, Fifth District Juvenile Court
T h e clock on the c a r’s dashboard reads
“ 12:17” as you pull into the driveway.
Once again, you have violated your twelve
o'clock curfew. “Dad is gonna be so
m ad,” you m utter as you scram ble out of
the car to get inside. As you open the front
door, your father is seated in his easy
chair with reading glasses perched on the
end of his nose and book in hand.
10. “You are late,” he says. “Again.”
“But, Dad, 1 can e x p la in ...”
He cuts you off. “Not another word. You’re grounded for a
week.”
And just like that, in a m atter of seconds, you were charged,
tried, and sentenced for failure to obey curfew without a chance
to even state your case.
When young people are charged with allegations that would be
crim es if committed by adults, they often have to come to
juvenile court to answer to those allegations. Many assum e that
their encounter with the juvenile court judge will be just like
dad in the middle of the night. Not so. While parents
(unfortunately!) are not bound to the due process provisions of
the United States and Utah Constitutions, juvenile courts are.
That m eans that when young people attend juvenile court, they
have the right to have a judge hear them out, to explain
themselves, and even require a prosecutor to prove beyond a
reasonable doubt that they violated the law.
It has not always been that way. Before 1967, juvenile courts
were extremely informal. To focus on rehabilitation, rath er
than
punishm ent, the prevailing belief was that informality allowed
courts the flexibility to find out about a child and determine
how to best send them down a law-abiding path to a successful
adulthood. As such, proponents asserted that this did not
necessarily require a formal trial, notice of possible
consequences,
o r the right of the juvenile to talk to an attorney.
Good intentions, but the informality often led to unfair results.
11. This becam e evident in the United States Supreme Court
landm ark decision, In re Gault. Back in 1964, Gerald Gault was
a fifteen-vear-old boy living in Arizona who was arrested, along
with a buddy, for making an “obscene" phone call to a neighbor.
At the time he was picked up, Gerald’s parents were at w ork
and
no one attempted to notify them of Iris arrest. He was taken to
youth detention where his mother, after her own investigation as
to his whereabouts, discovered him later that evening.
The next afternoon, Gerald, his m other and b rother appeared
before the judge in his cham bers. Only the judge and two
probation officers were present. Mrs. Cook, the recipient of the
infamous phone call, was not. The court placed no one under
oath; n o r did the court reco rd o r transcribe the proceeding.
According to later testimony from those present, the judge
questioned Gerald about the call. The judge claimed Gerald
admitted to making it, while his m other later testified that he
only admitted to dialing a phone num ber and handing the
phone
to his friend. After the informal discussion, the judge decided to
"think about it” and sent Gerald back to detention w here he
rem ained for five days. Upon release, he was allowed to return
home, but was informed to return to court a few days later.
At the next hearing, the judge h eard further statements about
whether Gerald was involved in making the call. There
remained
a disagreement about what he actually said o r did. In spite of
this, the judge sentenced Gerald to be removed from his home
and placed in the State Industrial School until he turned
twenty-one years old.
At no point was Gerald given the right to talk to an attorney, the
right to hear evidence from his accuser o r ask h er questions, or
12. even have p rio r notice that he might be removed from his
p arents’ custody for the rem ainder of his childhood.
Ultimately, Gerald’s case m ade it all the way to the United
States
Supreme Court. There, the Court held that “due process has a
role
to play” in juvenile courts. It held that children have the right to
notice of the allegations in advance of a hearing o r trial with an
opportunity to prepare. They have the right to have an attorney
present and the right to confront witnesses and cross-exam ine
them, and they have the right not to testify against themselves.
13
Views from the Bench
Vie
ws
fro
m
the
B
en
ch In the spirit of Gault, Utah law includes additional requirem
ents
to en sure that juveniles enjoy fundamental fairness in
delinquency
cases. They have the right to call their p arents an d an attorney
immediately if they are arrested. They have the right to have
13. their p arents p resen t at all proceedings (even if you do not
want
them th e re ). Juvenile courts a re req u ired to release
juveniles
being held in detention to their p arents unless specific findings
are m ade justifying continued detention. In fact, just this year,
the Utah Legislature am ended the Juvenile Court Act,
establishing
additional legal req uirem ents for juvenile courts to co nsid er
before placing o r keeping young people in detention o r
removing
them from their p aren ts’ custody.
Ultimately, the law cannot req u ire mom o r dad to listen to
your
explanation for being late, w h ether it be a flat tire, falling
asleep
at your friend’s house, o r your cellphone battery dying. But if
you find yourself in juvenile court, the Fourteenth Amendment
req uires your juvenile co urt judge to listen an d co nsid er the
excuse. Ju st m ake it a good one.
Lady Justice and the Equal Protection Clause
by Judge Paul C. Farr, Third District Justice Court
O ne evening while eating d in ner with
my family, I was su rp rised w hen one of my
children inform ed m e that I was “the
m an.” This com m ent was not in the “you
a re aw esom e” sense of the phrase. Rather,
its connotation was “you rep resen t the
oppressive governm ental system that holds
us dow n.” Oddly enough, I was unaw are
that as a judge, I might be thought of in that way. I had
14. previously
h eard of "the m an,” although I h ad never personally met
him.
As I reflected for a bit, I recalled in my youth that I too had
occasionally manifest som e resentm ent for “the m an.” Here I
was, sitting in my kitchen, realizing that I had becom e “the m
an.”
I graduated from high school in a small Utah farming
community, attended local colleges, an d graduated from law
school (the first in my family to do so ). In 2010, after ten years
of law practice, I was appointed to the judiciary as a justice
co urt judge. Ju st as h app ens to the many o th er judges, I put
on
the black rob e and becam e a representative of the judicial
system o r as my c hildren p ut it, “the m an .”
Judicial systems are often represented by a statue known as
Lady
Justice. In one h an d Lady Justice holds a scale, representing h
er
duty to weigh the m erits of each side of a case in o rd e r to
reach
a decision. In the o th er hand she holds a sword, representing
h er authority to act o r im pose judgm ent. Perhaps Lady Ju
stice’s
m ost im portant feature is a blindfold, which rep resen ts the
concept that justice is blind. Lady Justice weighs the m erits of
a
case and im poses judgm ent that is blind to the individual
characteristics of the parties before her.
Consider this key language of the Fourteenth Amendment to the
U.S. Constitution: “n o r shall any s ta te ... deny to any p erson
within its jurisdiction the equal protection of the laws.” In both
15. the creation an d enforcem ent of the law all people a re to be
treated equal, without regard to individual characteristics.
Generally, a legislature may n ot create a law that treats
different
categories of people differently. For example, a law that sets a
speed limit at 50 m ph for right-handed individuals but 70 mph
for those that are left-handed would violate the Equal
Protection
Clause. Similarly, a judge may not apply the law differently to
different categories of people. For example, w hen on trial for
theft if a judge afforded all right-handed defendants the right to
be rep resen ted by an attorney but denied that right to those
that
w ere left-handed, that would violate the Equal Protection
Clause
(as well as o th er constitutional rights).
These im portant rights are applied in Utah courts on a daily
basis.
In 2016 there w ere 6 46,488 cases filed in Utah’s different
courts. As indicated below, these cases w ere p re sid ed over
by
244 judges, magistrates and com m issioners (all grouped below
as judges, including those that serve part-tim e).
• Utah Suprem e Court: 5 judges, 585 cases
14
• Utah Court of Appeals: 7 judges, 946 cases
• Utah District Courts: 83 judges, 171,620 cases
• Utah Juvenile Courts: 33 judges, 30,434 cases
16. • Utah Justice Courts: 98 judges, 428,809 cases
• Utah Federal District Court: 18 judges (including 3
bankruptcy judges and 6 senior judges), 2,443 civil/criminal
cases and 11,651 bankruptcy cases
Each of these courts and judges play different roles. However,
all are responsible for ensuring equal protection of the laws for
all individuals appearing before them. It is critical to the
public’s confidence in our judicial system that judges always
“wear” Lady Justice’s blindfold so that justice may truly be
blind
and that all may receive equal protection under the law.
It is an honor to serve the people of Utah as a judge. It is my
goal, as I am sure it is the goal of most judges, to apply the law
as written by the legislature (the people’s representatives), to
apply the law equally, consistently and fairly, and to treat
everyone that comes into court with the professionalism and
respect due even' member of our community. In doing my part,
I envision the day when my children view me not as "the man,”
but as the blindfolded lady with a sword!
Fighting fo r justice to fa irly compensate those
injured by wrongful conduct o f others
D E W S N U P // K IN G / OLSEN // W O REL / HAVAS /
M O R TEN SEN
dkowlaw.com ■ 801.533.0400 or 8 00.40 4.8520
15
Views from the Bench
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and its content may not be
copied or emailed to multiple sites or posted to a listserv
without the copyright holder's
express written permission. However, users may print,
download, or email articles for
individual use.
WHAT'S DIFFERENT ABOUT THE THIRTEENTH
AMENDMENT,
AND WHY DOES IT MATTER?
JAMES GRAY POPE*
When I entered law school back in 1980, the Thirteenth Amend-
ment beckoned as the noblest and most fascinating of all
constitu-
tional provisions. Most spectacularly, it had singlehandedly
trans-
formed the Constitution of the United States from that of a slave
nation to that of a modern republic' From my point of view as a
re-
cently laid-off ship welder, it also mattered that the Thirteenth
Amendment is the only currently operative constitutional
provision
that addresses the law of labor, having displaced the fugitive
slave
("held to Service or Labour") clause.^ Moreover, the Thirteenth
Amendment stands out as the sole rights guarantee that protects
not
19. NATION: H O W SLAVERY UNITED THE
GoLONiES & SPARKED THE AMERICAN REVOLUTION
171-202 (2006); DAVID
WALDSTREICHER, SLAVERY'S GONSTITUTION: FROM
REVOLUTION TO RATIFICATION 3-20
(2009).
2. On the labor dimension of the Amendment, see Lea S.
VanderVelde, The Labor Vi-
sion ofthe Thirteenth Amendment, 138 U. PA. L. REV. 437
(1989).
3. The Givil Rights Gases, 109 U.S. 3, 20 (1883); United States
v. Kozminski, 487 U.S.
931,932(1988).
189
190 MARYLAND LAW REVIEW [Vol. 71:189
Amendment that give rise to interpretive questions of unfamiliar
kinds. The difficulty of these questions may help to account for
why,
approaching the sesquicentennial of the Amendment, courts
have yet
to make any serious attempt at answering them, and the Amend-
ment—in spite of its potentially broad scope—remains limited
to a
few, narrowly circumscribed doctrines." To put the point
positively,
scholars may have a crucial role to play in puzzling out these
unfami-
20. liar and difficult questions, so as to unblock the development of
Thir-
teenth Amendment jurisprudence. Specifically, Part I suggests
that
the Amendment is: (1) the only constitutional provision that
man-
dates the official identification and protection of unenumerated
rights; (2) the only constitutional provision that calls for the
devel-
opment of rights protections based on the dynamics of a
nongovern-
mental system (the First Amendment "system of freedom of
expres-
sion" notwithstanding); (3) the only constitutional provision
that
directiy commands the government to undertake a project of
social
transformation; and (4) the only constitutional rights guarantee
that
is generally acknowledged to attack relations of subjugation and
ex-
ploitation.
Part II of the Essay considers three purportedly unique features
of the Amendment that have been invoked as reasons to limit its
scope and relevance. Specifically, the Amendment has been
said: (1)
to be uniquely unambiguous, and therefore unsuited for
interpreta-
tion; (2) to require uniquely bright-line or "absolute" doctrines;
and
(3) to be uniquely limited by its historical context or purposes.
Upon
examination, however, these claims appear misplaced.
1. FOUR UNIQUE FEATURES OF THE THIRTEENTH
21. AMENDMENT
1. The Thirteenth Amendment is the only constitutional
provision that
clearly mandates the official identification and enforcement of
unenumerated
rights. From the earliest congressional debates to the most
recent
court decisions, nobody has doubted that Section 1 of the
Thirteenth
Amendment guarantees certain fundamental rights.^ Nor has it
been
4. On the potentially broad scope of the Amendment, iee Akhil
Reed Amar, Remember
the Thirteenth, 10 CONST. COMMENT. 403 (1993). On its
currentiy truncated scope, iee Al-
e x a n d e r Tsesis, The Thirteenth Amendment's Revolutionary
Aims, in THE PROMISES OF LiBERTi':
T H E HISTORY AND CONTEMPORARY RELEVANCE OF
THE THIRTEENTH AMENDMENT 1, 13-14
(Alexander Tsesis ed., 2010) [hereinafter THE PROMISES OF
LIBERTY] .
5. See, e.g, CONG. GLOBE, 38th Cong., lstSess. 2990 (1864)
(Rep. IngersoU) (explain-
ing that the Thirteenth Amendment was created to protect
"certain inalienable rights" in-
cluding the "right to till the soil, to earn his bread by the sweat
of his brow, and enjoy the
rewards of his own labor"); The Civil Rights Cases, 109 U.S. at
22; Jones v. Alfred H. Mayer
Co., 392 U.S. 409, 441-44 (1968); Tsesis, THE PROMISES OF
LIBERTY, supra note 4, at 10-12;
22. 2011] WHAT'S DIFFERENT ABOUT THE 13TH
AMENDMENT 191
questioned either that Section 1 authorizes courts to enforce
those
rights or that Section 2 empowers Congress to do the same.''
Yet, the
Amendment mentions no right. Instead, courts and Congress are
left
with the task of determining what rights are necessary to negate
the
prohibited conditions of slavery and involuntary servitude. By
con-
trast, the Ninth Amendment declares the existence of
unenumerated
rights, but provides no criteria for recognizing them and says
nothing
about who is to identify or enforce them.^
This feature would not be remarkable if the only rights guaran-
teed were the "right to be free from slavery" and the "right to be
free
from involuntary servitude."* Immediately following
ratification,
southern states adopted that position. They enacted "Black
Codes"
that enforced labor discipline on freed people using vagrancy
laws,
restrictions on mobility, and a variety of other measures that
differed
significantiy from slavery but also infringed basic freedoms like
the
right to change employers. The great majority of northerners,
how-
ever, reacted to the Black Codes vwth outrage. While
23. southerners
held that the Amendment did nothing more than abolish the
specific
conditions of slavery and involuntary servitude, northerners
assumed
"that when the positive law of slavery fell away, the former
slave was
left with a broad panoply of basic civil rights."^ Under
authority of
the Thirteenth Amendment, Congress prompdy enacted this
view in-
to law. The Civil Rights Act of 1866 guaranteed a set of rights
that ex-
tended far beyond those necessary to negate a condition of
slavery or
involuntary servitude (narrowly defined as forced labor),
including
"the same r i g h t . . . as is enjoyed by white citizens" to "make
and en-
force contracts, to sue, be parties, and give evidence, inherit,
pur-
chase, lease, sell, hold, and convey real and personal
property."'" The
Peonage Act of 1867 prohibited "voluntary" as well as
involuntary
peonage without any racial referent."
MICHAEL VORENBERG, FINAL FREEDOM: T H E CIVIL
WAR, THE ABOLITION OE SLAVERY, AND
THE THIRTEENTH AMENDMENT 235 (2001 ) ; VanderVelde,
supra note 2, at 443-504.
6. Secdon 1 is self-enforcing. The Civil Rights Cases, 109 U.S.
at 20, 23. Secdon 2 pro-
vides: "Congress shall have power to enforce this árdele by
24. appropriate legislation." U.S.
CONST, amend. XIII.
7. The Amendment reads in full: "The enumeradon in the
Consdtution, of certain
rights, shall not be construed to deny or disparage others
retained by the people." U.S.
CONST, amend. IX.
8. Guam Soc'y of Obstetricians & Gynecologists v. Ada, 100
F.3d 691, 700 (9th Cir.
1996); United States v. Kozminski, 487 U.S. 931, 934 (1988).
9. William M. Wiecek, Emancipation and Civic Status: The
American Experience, 1865-
1915, in T H E PROMISES OF LIBERTY, supra note 4, at
78,83.
10. CivilRightsActof 1866, ch. 31, § 1,14 Stat 27.
11. Peonage Act of 1867, ch. 187, § 1, 14 Stat 546.
192 MARYLAND LAW REVIEW [Vol. 71:189
Today, Thirteenth Amendment rights claims generally fall into
one of two categories: rights to be free from certain forms of
race dis-
crimination, conceptualized as "badges and incidents of
slavery," and
rights of labor freedom, analyzed under the involuntary
servitude
clause.'^ Scholars have proposed standards for assessing
particular
rights claims in both categories, but—reflecting the general
underde-
25. velopment of Thirteenth Amendment doctrine—no standard has
been clearly articulated or consistentiy applied by the courts.'*
The
choice of such a standard might be facilitated by taking into
account
the following additional features of the Amendment.
2. The Thirteenth Amendment is the only constitutional
provision that
calls for the development of rights protections based on the
dynamics of a non-
governmental system. There is a natural tendency to interpret
broad or
ambiguous rights guarantees in relation to their functions in the
con-
stitutional system of govemment. Eor example, the Equal
Protection
Clause has been read to establish the principle of one-person,
one-
vote on the ground that the "right to vote freely for the
candidate of
one's choice is of the essence of a democratic society, and any
restric-
tions on that right strike at the heart of representative
government."'"
But judges and legal scholars are also drawn to engage in
systemic in-
terpretation outside the governmental context. Consider, for
exam-
ple, the Eirst Amendment's Eree Speech Clause. Thomas
Emerson
famously conceptualized free speech rights as components of a
system
of freedom of expression designed not only to facilitate
political dis-
cussion, but also to promote individual self-realization and the
26. search
for truth. Emerson's book. The System of Freedom of
Expression, has been
12. In cases involving race discrimination, the question has
hinged on whether the
particular type of race discrimination (for example, in the sale
or rental of housing) con-
stitutes a "badge or incident" of slavery. See, e.g., Jones v.
Alfred H. Mayer Co., 392 U.S.
409, 440-41 (1968). In cases involving race-neutral
infringements of the freedom of labor,
on the other hand, the issue usually centers on the extent and
nature of employer control.
See, e.g, Kozminski, 487 U.S. at 948; Pollock v. Williams, 322
U.S. 4, 18 (1944).
13. William M. Carter, Jr., Race, Rights, and the Thirteenth
Amendment: Defining the Badges
and Incidents of Slavery, 40 U.C. DAVIS L. REV. 1311, 1313-
14, 1320, 1366 (2007) (noting the
absence of any standard for identifying badges or incidents of
slavery and proposing that
the determination should hinge on "whether the identity of the
victim and the nature of
the injury demonstrate a concrete link to the system of chattel
slavery"); James Gray Pope,
Contract, Race, and Freedom of Labor in the Constitutional Law
of "Involuntary Servitude," 119
YALE LJ. 1474, 1478-79 (2010) (noting the absence of any
standard for assessing labor
rights claims and arguing that the Court should adopt as a
general standard the approach
used in Pollock, 322 U.S. at 18, namely that a claimed labor
right is protected under the
Amendment if it is necessary to provide workers with the
27. "power below" and employers the
"incentive above" to prevent "a harsh overlordship or
unwholesome conditions of work").
14. Reynolds v. Sims, 337 U.S. 533, 555 (1964); JOHN HART
ELY, DEMOCRACY AND
DISTRUST: A THEORY OF JUDICIAL REVIEW 116-18
(1980).
2011] WHAT'S DIFFERENT ABOUT THE 13TH
AMENDMENT 193
cited in no fewer than twenty-two Supreme Court opinions.'^
The
Court has also deployed a more pardcularized systemic model of
free
speech, the "marketplace of ideas," which is said to be "open"
and
"uninhibited."'*^ But the text of the First Amendment, which
states
simply that "Congress shall make no law . . . abridging the
freedom of
speech," provides no apparent sancdon for either Congress or
the
courts to design and insdtute a free speech system.
By contrast, the text of the Thirteenth Amendment expressly
mandates a systemic approach. Slavery and involuntary
servitude are
not just things that happen to individuals; they are systems of
labor
control. During the congressional debates, proponents and oppo-
nents of the Amendment spoke of "a conflict between two
systems; a
28. controversy between right and wrong," of changing "their
system of
labor from compulsory to voluntary," of choosing between
slavery, on
the one hand, and "free insdtudons and free labor" on the other,
and
of supplandng slavery with the "system of free labor."" In this
view,
the abolidon of slavery and involuntary servitude necessarily
entailed
the establishment of a free labor system. In Pollock v. Williams,
the Su-
preme Court confirmed that one "undoubted aim of the
Thirteenth
Amendment. . . was not merely to end slavery but to maintain a
sys-
tem of completely free and voluntary labor throughout the
United
States."'* It would appear, then, that the Thirteenth Amendment
af-
firmadvely commands both Congress and the courts to ascertain
what
rights are necessary to ensure the permanent exdncdon of the
slave
labor system and the ongoing operation of a free labor system.
Only once, however, has the Supreme Court provided a glimpse
into the nature of this system. In Pollock, the Court struck down
a law
that restricted the right to quit work and thus imposed "forced
la-
bor."'" But the Court's reasoning, which centered on the
operation
of the "general basic system of free labor," swept more broadly.
"[I]n
general," wrote Jusdce Robert Jackson, "the defense against
29. oppres-
15. THOMAS I. EMERSON, T H E SYSTEM OF FREEDOM OF
EXPRESSION (1971); Lexis
search of Supreme Court cases for "System of Freedom of
Expression" within the same
sentence as "Emerson," conducted Oct 6, 2011.
16. Citizens United v. FEC, 130 S. Ct 876, 896, 906 (2010)
(quoting Virginia v. Hicks,
539 U.S. 113, 119 (2003) & N.Y. State Bd. of Elections v.
Lopez Torres, 552 U.S. 196, 208
(2008)).
17. CONG. GLOBE, 38th Cong., 1st Sess. 2615 (1864) (Rep.
Morris); id. at 1440 (Sen.
Harian); id. at 2944 (Rep. Higby); id. at 2983 (Rep. Mallory);
see also id. at 2685 (Rep. Kel-
Iey asserting that the Amendment would "establish freedom as a
permanent institution,
and make it universal").
18. 322U.S. 4, 17(1944).
19. Id. at 17-18.
194 MARYLAND LAW REVIEW [Vol. 71:189
sive hours, pay, working conditions, or treatment is the right to
change employers. When the master can compel and the laborer
cannot escape the obligation to go on, there is no power below
to re-
dress and no incentive above to relieve a harsh overlordship or
un-
30. wholesome conditions of work."^" How does "the right to
change
employers" generate this "power below" and "incentive above"?
Jus-
tice Jackson did not explain, but the logic seems clear. As long
as
workers effectively enjoy that right, then employers that exert
harsh
domination and impose unwholesome conditions should be
punished
with quits, while those who offer better terms should be
rewarded
with loyalty. But what if the right to change employers by itself
failed
to produce this result? What if, for example, employers formed
a car-
tel and refused to hire any workers who would not submit to
starva-
tion wages? Then, by the logic of the systemic approach,
workers
would also need the right to set the wages for which they were
willing
to work. '̂ Pollock thus suggests, as Archibald Cox pointed out
long
ago, that the standard for determining whether a given labor
right is
protected by the Thirteenth Amendment hinges on whether it is
ne-
cessary to provide workers with the "power below" and
employers the
"incentive above" to prevent "a harsh overlordship or
unwholesome
conditions of work."̂ ^ Since Pollock, however, the Court has
refrained
from systemic analysis, leaving this as another area awaiting
future de-
31. velopment.
3. Alone among constitutional provisions, the Thirteenth
Amendment
directly commands the govemment to undertake a project of
social transforma-
tion. Many newly enacted laws change social practice, and some
do so
in dramatic and far-reaching ways. The Nineteenth Amendment,
for
example, instandy conferred voting rights on millions of
women. And
that shift, in turn, altered the field of interpretation on other
issues
involving women's rights: Could the same Constitution that
welcomed
women into the polity as full voting members simultaneously
permit
legislatures to treat them as inferiors in other realms? Some
courts
thought not, and read the Amendment "to have implications for
mat-
20. Id. at 18. On the right to change employers, see Shaw v.
Fisher, 102 S.E. 325 (S.G.
1920). In Shaw, the South Garolina Supreme Gourt held that the
Thirteenth Amendment
had "annulled" the tort of hiring a laborer who was under a
contractual obligation to work
for another, though there was no legal or physical restraint on
the laborer's right to quit,
and no finding that he could not have worked with family
members, found some other
means of support, or departed the state. Id. at 326, 327. At
stake, evidently, was the labor-
er's right to participate in the free labor system.
32. 21. For a more detailed discussion of this point, see Pope,
supranote 13, at 1533-36.
22. Pollock, 322 U.S. at 18; Archibald Gox, Strikes, Picketing
and the Constitution, 4 VAND.
L. REV. 574, 576-77(1951).
2011] WHAT'S DIFFERENT ABOUT THE 13TH
AMENDMENT 195
ters other than voting, including matters concerning the law of
mar-
riage."^^ We might say, then, that the Nineteenth Amendment
worked a transformation by declaring a new right, directing the
gov-
ernment to enforce it, and causing ripple effects beyond the
scope of
the newly declared right The Thirteenth Amendment issued a
dif-
ferent kind of transformative command, directiy banning the
social
practices of slavery and involuntary servitude. A women's rights
equivalent might have proclaimed something like "Patriarchy
shall
not exist within the United States."
This type of command commits the government to root out the
prohibited practice wherever it appears and to enact whatever
meas-
ures might be necessary to prevent it from recurring. The
Thirteenth
Amendment imposes this difficult and continuing duty on both
Con-
33. gress (by virtue of Section 2) and the courts (because the
Amendment
is self-enforcing). With regard to an enumerated right, like the
right
of women to vote or the right to speak freely, courts and
Congress
might reasonably consider their job done once individuals
possess an
effective legal entitiement to exercise the right. But Thirteenth
Amendment rights cannot be considered successful unless they
are
actually exercised to ensure that "[n] either slavery nor
involuntary
servitude . . . shall exist. . . ."^^ In light of events since 1865,
this pro-
nunciamento recalls to mind the tale of Cnut the Great, who
report-
edly set up his throne on a beach and commanded that the tide
not
rise to wet his robes. As illustrated by the Black Codes of the
late
1860s, no sooner has one form of servitude been eliminated than
others will emerge to replace it. Despite the Peonage Act of
1867,
backed up by broad Supreme Court interpretations, old-
fashioned
debt peonage remained common in southern agriculture through
the
1960s.̂ '̂ Recent decades have seen the emergence of new forms
of
slavery, grouped under the label of "human trafficking" or the
"new
slavery."^^ By any definition, involuntary servitude continues
to exist
in the United States today. ̂ ^ This poses an ongoing challenge
for
34. 2 3 . Reva B. Siegel, She the People: The Nineteenth
Amendment, Sex Equality, Federalism, and
the Family, 115 HARV. L. REV. 947, 953 (2002).
24. U.S. C O N S T , a m e n d . XIII (emphasis a d d e d ) .
25. See PETE DANIEL, THE SHADOW OF SLAVERY:
PEONAGE IN THE SOUTH, 1901-1969,
170-92 (1990); DANIELA. NOVAK, THE WHEEL OF
SERVITUDE: B L A G K F O R G E D LABOR AFTER
SLAVERY 4 6 - 6 2 (1978).
2 6 . SEE, E.G., KEVIN BALES, DISPOSABLE PEOPLE: NEW
SLAVERY IN THE GLOBAL ECONOMY
(rev. ed. 2004) (1999).
27. See KEVIN BALES & RON SOODALTER, THE SLAVE
NEXT DOOR: HUMAN TRAFFICKING
AND SLAVERY IN A M E R I C A T O D A Y (2009).
196 MARYLAND LAW REVIEW [Vol. 71:189
courts. Congress, and all Americans who take seriously fidelity
to the
Constitution.
4. The Thirteenth Amendment is the only constitutional rights
guarantee
that is generally acknowledged to attack relations of
subjugation and exploita-
tion. As Abraham Lincoln pointed out in 1864, the concept of
"liber-
ty" could support either effective freedom for all or the
35. "liberty" to
dominate and exploit others: "With some the word liberty may
mean
for each man to do as he pleases with himself, and the product
of his
labor; while with others the same word may mean for some men
to do
as they please with other men, and the product of other men's
la-
bor. "̂ ^ Similarly, the phrase "equal protection of the laws" has
been
read to require "equal" protection of dominant and subordinate
ra-
cially defined groups, thereby blocking targeted affirmative
action on
behalf of the latter with the effect, arguably, of preserving
white racial
privilege.^^ By contrast, the Thirteenth Amendment direcdy
attacks
relations of domination and exploitation. "Slavery" and
"servitude"
involve, by definition, relations between masters and
subordinates.
Slavery is the "state of entire subjection of one person to the
will of
another," while servitude is the "state of voluntary or
involuntary ser-
vice to a master."'" Admittedly, the text leaves a loophole; it
could be
read to permit a worker "voluntarily" to enter into a contract for
servi-
tude that would then become involuntary by virtue of the
enforce-
ment mechanisms available to the employer. The Supreme Court
re-
jected that approach a century ago, however, reasoning that the
36. Amendment was intended "to render impossible any state of
bon-
dage; to make labor free, by prohibiting that control by which
the
personal service of one man is disposed of or coerced for
another's
28. Tsesis, supra note 4, at 9 (quoting Abraham Lincoln, At the
Fair in Baldmore, in
Aid of the Sanitary Commission (April 18, 1864), in
ABRAHAM LINCOLN, THE MARTYR'S
MONUMENT 252 (The American News Co. ed., 1865)).
29. See Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 201,
226 (1995) (holding that
strict scrutiny applies to benign as well as invidious racial
classificadons because "it may not
always be clear that a so-called preference is in fact benign").
This doctrine provides white
people with an effecdve consdtudonal right to enjoy the benefits
of past societal discrimi-
nadon as well as present discriminadon that cannot be proven to
be intendonal. See Der-
rick Bell, Xerces and the Affirmative Action Myth, 57 GEO.
WASH. L. REV. 1595, 1609 (1989);
Cheryl I. Harris, Whiteness as Property, 106 HARV. L. REV.
1707, 1766-77 (1993).
30. NOAH WEBSTER, AN AMERICAN DICTIONARY OF
THE ENGLISH LANGUAGE 1241,1207
(1865); see also Hodges v. United States, 203 U.S. 1, 17 (1906)
(defining servitude as "'the
state of voluntary or compulsory subjecdon to a master'");
JOSEPH E. WORCESTER, A
DICTIONARY OF THE ENGLISH LANGUAGE 1314,1352
(1860) (defining slavery as "[t]he state
37. of absolute subjection to the will of another" while defining
servitude as "[t]he state or
condition of a servant, or more commonly of a slave; slavery;
bondage").
2011] WHAT'S DIFFERENT ABOUT THE 13TH
AMENDMENT 197
benefit which is the essence of involuntary servitude."*' The
concept
of "badges and incidents of slavery" incorporates this focus on
domi-
nation. The Amendment is concerned not with the irrationality
or
unfairness of race-based decisionmaking in the abstract, but
with its
function as a badge of slavery. Thus, what made housing
discrimina-
tion objectionable in fones v. Alfred H. Mayer Co. was its
functional
equivalence to the Black Codes in securing "the exclusion of
Negroes
from white communities," in "herd[ing them] into ghettos," and
in
depriving them of the important right to buy property based on
"the
color of their skin."*^
The question is thus raised: What kinds of domination and ex-
ploitation fall within the scope of the Amendment? Scholars
have
proposed a wide variety of applications including, for example,
child
abuse, spouse abuse, forced childbearing, and the denial of
38. basic
rights to immigrant workers.** These claims, in turn, pose the
doc-
trinal question: By what criteria should such claims be
addressed?
The current limitation to intentional race discrimination and
coerced
labor appears arbitrary in light of the Amendment's text, which
is not
restricted to forms of slavery or servitude based on race or
targeted at
productive labor. Scholars have proposed a wide variety of
criteria in
the course of advocating various types of claims, but we have
yet to
conduct a sustained discussion of the question.
II. THREE PURPORTEDLY UNIQUE EEATURES OF THE
AMENDMENT
THAT MAY N O T BE
1. The Thirteenth Amendment does not appear to be uniquely
unambi-
guous or unsuited for interpretation. In the Slaughter-House
Cases, a major-
ity of the Supreme Court signed on to the view that the words of
the
Thirteenth Amendment "seem hardly to admit of construction,
so vi-
gorous is their expression."*" Since I began studying the
Amendment
three decades ago, many people have told me that I was wasting
my
31. Bailey V. Alabama, 219 U.S. 219, 241 (1911). For a detailed
39. discussion of the cases,
see Pope, supra note 13, at 1481-91.
32. 392 U.S. 409, 441 (1968); iee also Rebecca E. Zietlow, Free
at Last! Anti-Subordination
and the Thirteenth Amendment, 90 B.U. L. REV. 255, 284
(2010).
33. See, e.g., Akhil Reed Amar & Daniel Widawsky, Child
Abuse as Slavery: A Thirteenth
Amendment Response to DeShaney, 105 HARV. L. REV. 1359
(1992); Joyce E. McConnell,
Beyond Metaphor: Battered Women, Involuntary Servitude, and
the Thirteenth Amendment, 4 YALE
J. L. & FEMINISM 207 (1992); Andrew Koppelman, Forced
Labor Revisited: The Thirteenth
Amendment and Abortion, in THE PROMISES OE LIBERTY,
supra note 4, at 226; Maria Ontive-
ros. Immigrant Workers and the Thirteenth Amendment, in THE
PROMISES OF LIBERTY, supra
note 4, at 279.
34. 83 U.S. (16 Wall.) 36, 69 (1873).
198 MARYLAND LAW REVIEW [Vol. 71:189
dme because of this purportedly undeniable fact. Upon
examinadon,
however, the text of the Amendment appears to raise its full
share of
interpredve quandaries. For example, the quesdon of what
makes ac-
don "involuntary" or coerced has long been a topic of sharp
disputa-
40. don among philosophers.^* Nor is it obvious what consdtutes
"servi-
tude," a term that has been used to describe reladons ranging
from
ordinary "service" to full-blown "slavery."^^ More broadly, the
inclu-
sion of the phrase "involuntary servitude," in addidon to the
narrower
term "slavery," raises the possibility that the Amendment might
have
been "purposely left to gather meaning from experience" and
that it
might have "created new meanings of freedom even for the
twendeth
and twenty-first centuries."^' Then there is the clause permitdng
sla-
very "as a punishment for crime whereof the party shall have
been du-
ly convicted." Is convict labor truly "a punishment for crime"
when
insdtuted with the economic purpose or effect of removing jobs
from
the free labor system and depressing the "working condidons
and liv-
ing standards" of free workers?** For a final example, the
concept of
badges of slavery raises numerous quesdons ranging from the
validity
of the doctrine itself to various possible applicadons, for
example to
the denial of important rights based on immigradon status.''^
2. The Thirteenth Amendment does not appear to require
uniquely
bright-line or "absolute" doctrines. Beginning with moral
abolidonists like
41. William Lloyd Garrison, there has been a tendency to view
slavery as a
uniquely horrific evil that is sharply disdnguishable from other,
more
nuanced forms of oppression. Kevin Bales, a leading scholar of
present-day abolidonism, maintains that slavery amounts to the
"theft
35. See, e.g., GERTRUDE EzoRSKY, FREEDOM IN THE
WORKPLACE? 5-14 (2007); ROBERT
NoziCK, ANARCHY, STATE AND UTOPIA 262-64 (1974);
ROBERT J. STEINFELD, COERCION,
CONTRACT, AND FREE LABOR IN THE NINETEENTH
CENTURY 1-26 (2001). For a discussion
of the concept as used in the Thirteenth Amendment, see Pope,
supra note 13, at 1527-36.
36. For a discussion of various definitions, see Pope, supra note
13, at 1503-07.
37. Note, The "New " Thirteenth Amendment: A Preliminary
Analysis, 82 HARV. L. REV. 1294,
1301 (1969); David Brion Davis, Foreword: The Rocky Road to
Freedom: Crucial Barriers to Aboli-
tion in the Antebellum Years, in THE PROMISES OE
LIBERTY, supra note 4, at xi, xxiii.
38. Pollock V. Williams, 322 U.S. 4, 18 (1944) (observing tiiat
die "[r]esulting depres-
sion of working conditions and living standards affects not only
the laborer under the sys-
tem [of forced labor], but every other with whom his labor
comes in competition"). On
convict labor as an economically driven policy with negative
effects on free labor, see Da-
vid M. O'Shinsky, Convict Labor in the Post-Civil War South,
42. in THE PROMISES OF LIBERTY, su-
pra n o t e 4, at 100, 103-06, 111-15; ALEX LICHTENSTEIN,
TWICE THE WORK OF F R E E LABOR:
T H E P O L I T I C A L E C O N O M Y O F C O N V I C T L
A B O R IN T H E N E W S O U T H ( 1996).
39. George A. Rutherglen, The Badges and Incidents of Slavery
and the Power of Congress to
Enforce the Thirteenth Amendment, in THE PROMISES OF
LIBERTY, supra n o t e 4, at 163, 177;
Maria L. Ontiveros, Immigrant Workers' Rights in a Post-
Hoffman World—Organizing Around the
Thirteenth Amendment, 18 GEO. IMMIGR. L J . 651, 6 7 7 - 7 8
(2004).
2011] WHAT'S DIFFERENT ABOUT THE 13TH
AMENDMENT 199
of an entire life" and that it is "more closely related to the
concentra-
tion camp than to questions of bad working conditions.'"'" This
sen-
timent finds jurisprudential expression in the idea that
Thirteenth
Amendment rights should be demarcated by bright-line
doctrines so
that protection can be "absolute" (i.e., not subject to balancing)
with-
in their scope. For example, Archibald Cox acknowledged that
de-
spite purposive arguments of "considerable force" to the
contrary, the
Amendment should protect only rights that could be exercised
by in-
43. di'viduals acting alone because protection for associational
rights
could not be absolute in view of the compelling public interest
in re-
gulating them.'"
Upon refiection, however, this approach of exclusive absolutism
appears unworkable and ill-advised. No right is truly absolute.
Even
the individual right to cease work, for example, would not
protect a
surgeon who quits during an operation or a bus driver who
abandons
her bus in the middle of a desert. And if the concern is to
prevent the
erosion of core rights by ad hoc balancing, there is nothing to
prevent
the application of hard-edged rules to certain core rights (for
exam-
ple, those that by definition are necessary to negate a condition
of sla-
very or involuntary servitude), while applying balancing tests
ranging
from strict to relatively deferential scrutiny to other rights. This
would seem to accord better with the Amendment's purpose not
sole-
ly to eliminate the prohibited conditions of slavery and
involuntary
servitude, narrowly defined, but to leave in their place a free
labor sys-
tem.*^ Furthermore, and most importantly, an exclusively
absolutist
approach is not likely to be effective. However distinctive the
evil of
slavery might be, it does not follow that its effective
elimination can be
44. accomplished with a narrow set of absolute rights. Even Kevin
Bales
has argued that various free labor rights, including the right to
form
and join unions, may be essential to the practical elimination of
sla-
very.**
40. BALES, supra note 26, at 7.
41. Gox, supra note 22, at 577, 579.
42. See iM//ra text accompanying notes 18-22.
43. Bales has joined with Ron Soodalter in proposing that the
protections of the Na-
tional Labor Relations Act (which guarantees the rights to
organize and engage in con-
certed activities) be extended to all American agricultural and
domestic workers on the
grounds that "otherwise, as recent history has shovm, they will
continue to be more sus-
ceptible to enslavement than other workers in America" and
that, where free and enslaved
workers labor in close proximity, organized free workers can
provide economical and
highly effective enforcement service. BALES & SOODALTER,
supra note 27, at 263. Building
on the work of Bales, Soodalter, and others, I have suggested
elsewhere that a Thirteenth
Amendment free labor approach to labor and sex trafficking
might usefully supplement
200 MARYLAND LAW REVIEW [Vol. 71:189
3. The Thirteenth Amendment is not uniquely limited by its
45. historical
context or purposes. The notion that the Thirteenth Amendment
has
present-day relevance is often met with the objection that it was
enacted to eliminate slavery, and that was accomplished long
ago.
Proponents of this view can point to the Supreme Court's
observation
that the "obvious purpose" of the clause was to "forbid all
shades and
conditions of African slavery" including, for example, long-
term ap-
prenticeships, serfdom, Mexican peonage, and the "Chinese
coolie"
labor system.** Arguments that the Amendment applies to less
egre-
gious forms of labor control are sometimes met by claims that
this
would "demean" the suffering of enslaved Africans.
The fact that the Thirteenth Amendment was enacted to accom-
plish a specific historical purpose does not, however,
differentiate it
from other constitutional rights guarantees. The Free Speech
Clause
of the First Amendment was adopted to outiaw prior restraints
on
speech, for example, and the Equal Protection Clause of the
Four-
teenth to protect against race discrimination in the area of civil
(as
opposed to political and social) rights. Eventually, however, the
Su-
preme Court focused on the broad wording of those provisions
and
approached them as sources of principles and not as freeze-
46. frame
bans on specific historical practices. As a result, the Free
Speech
Clause now protects against punishment of speech as well as
prior re-
straints, and the Equal Protection Clause against sex as well as
race
discrimination, and against discrimination pertaining to social
and
political as well as civil rights. Furthermore, upon refiection, it
ap-
pears perverse to single out the Thirteenth Amendment for
crabbed,
freeze-frame interpretation on the ground that applying the
usual
methods of interpretation would demean the suffering of
African
slaves. Today, nearly a century-and-a-half after the
Amendment's ra-
tification, workers of color continue to be concentrated in the
most
dangerous, unhealthy, and poorly remunerated sectors of the
econo-
my. Being born with black skin has roughly the same impact on
a
worker's prospects of employment as a felony conviction."^ As
in
1865, workers of color stand to gain from full and eJBfective
enforce-
the prevailing approach of criminal prohibition. James Gray
Pope, A Free Labor Approach to
Human Trafficking, 158 U. PA. L. REV. 1849 (2010).
44. Slaughter-House Cases, 83 U.S. (16Wall.) 36, 69, 72 (1873);
iee aiso Butier v. Perry,
47. 240 U.S. 328, 332-33 (1916) (opining that tiie Amendment
covers only the historical prac-
tice of African chattel slavery along with "forms of compulsory
labor akin to African slavery
which, in practical operation, would tend to produce like
undesirable results").
45. Devah Pager, The Mark of a Criminal Record, 108 A M . J .
SOC. 937, 955-62 (2003)
(study involving four testers posing as job applicants, two black
and two white, one of each
racial category with a felony conviction and one without).
2011 ] WHAT' S DIFFERENT ABOUT THE 1 3TH
AMENDMENT 201
ment of the Amendment. Thus, it is not surprising that, instead
of
claiming special ownership of the Amendment, African-
American
workers have welcomed its application to workers of all colors
in situa-
tions quite different from nineteenth century chattel slavery.
With as-
sistance from the New Orleans Workers Center for Racial
Justice
("NOWCRJ"), for example, workers trafficked from South Asia
chal-
lenged their conditions as amounting to involuntary servitude
under
the Thirteenth Amendment. NOWCRJ Director Saket Soni
reported
that "the African-American community, which is also part of
our
48. membership, didn't say 'You don't have the right to say this is
invo-
luntary servitude.' Instead, they said 'you know what, that
reminds us
of what's been going on dovm here for a long time.'"*''
III. CONCLUSION
The past few years have seen an undeniable surge of scholarly
in-
terest in the Thirteenth Amendment. Some people view this as a
boon, a long overdue reassessment of an underutilized and
vitally im-
portant constitutional provision. Others see it as a misguided
attempt
to read a "wish list" of present-day demands into a provision
that has
been deservedly relegated to obscurity. Whichever one's point
of
view, controversies arising from the four unique features of the
Amendment discussed here are likely to exert an important
influence
on the outcome. If, as argued above in Part I, the Amendment
clear-
ly mandates the identification of unenumerated rights, then what
standard should guide that determination? And if the
Amendment
calls for a systemic approach to the elimination of slavery and
its re-
placement by free labor, then what are the defining attributes of
a
free labor system, and what rights are essential to its operation?
Fur-
ther, if the Amendment commands the government to undertake
a
difficult and as yet incomplete social transformation, then how
49. can
this imperative be met? Finally, if the Amendment
unambiguously at-
tacks relations defined by subjugation and domination, then how
is
the constitutionally objectionable level of subjugation and
domina-
tion to be determined?
46. Saket Soni, Speech at the Left Forum (March 21, 2010)
(available at
http;//www.radioproject.org/2010/08/working-beyond-unions-
labor-day-special-encore/)
(last visited O c t 6, 2011). Historically, black workers
analogized labor injuncdons to sla-
very and invoked the Thirteenth Amendment. See JOE
WILLIAM TROTTER, JR., COAL,
CLASS, AND COLOR 114 (1990) (quodng black miners'
tesdmony before Congress);
WlLLLM E. FORBATH, LAW AND THE SHAPING OF THE
AMERICAN LABOR MOVEMENT 138-39
(1991) (quodng black unionist's newspaper árdele).
202 MARYLAND LAW REVIEW [Vol. 71:189
It is often said that the Thirteenth Amendment is uniquely un-
suited for the kind of probing interpretation that will be
necessary to
answer such questions. People have insisted that it is uniquely
unam-
biguous and therefore unfit for interpretation, that it is uniquely
ab-
solute and therefore in need of simple, bright-line boundaries,
and
50. that it is uniquely limited to its historical context and therefore
inap-
plicable to present-day practices. As argued in Part II above,
however,
these claims appear to be without any principled basis, and
therefore
give us no excuse for interpreting the Thirteenth Amendment
with
any less diligence and thoroughness than we apply to other
constitu-
tional provisions.
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